[2022] KEHC 15220 (KLR)
The court determined that since the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the proceedings from Bondo PM Succession Cause No. E158/2022 to Madiany Law Courts for hearing and...
Source-derived case information.
- Citation
- [2022] KEHC 15220 (KLR)
- Parties
- Applicant: Felister Kolly Kutwa
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 100 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession Cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; Siaya file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Felister Kolly Kutwa
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Succession Cause should be transferred from Bondo PM to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the proceedings from Bondo PM Succession Cause No. E158/2022 to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the court with the proper territorial jurisdiction, in line with the principles of efficient administration of justice.
Court Disposition
Succession Cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; Siaya file closed.
Orders
- Bondo PM Succession Cause No. E158/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file from Bondo together with copies of this Ruling and Order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Daniel Adongo Ogongo alias Adongo Ogongo (Deceased) (Succession Cause 100 of 2022) [2022] KEHC 15220 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15220 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 100 of 2022
RE Aburili, J
November 11, 2022
N THE MATTER OF THE ESTATE OF DANIEL ADONGO OGONGO ALIAS ADONGO OGONGO (DECEASED) AND IN THE MATTER OF FELISTER KOLLY KUTWA -ADMINISTRATIX
(Originating from Bondo PM P&A E158 of 2022)
Ruling
1. Bondo PM Succession Cause No. E158/2022 was availed to this Court for directions.
2. As the parties and the subject matter are domiciled within the jurisdiction of the gazetted newly operationalized Madiany Law Courts, I hereby transfer Bondo PM Succession Cause No. E158/2022 to Madiany Law Courts for hearing and final determination.
3. The original file from Bondo together with copies of this Ruling and Order shall be transmitted to Madiany Law Courts while copies of Ruling and Order shall be send to Bondo Law Courts for their records and notification of the parties.
4. I so order. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11THDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE