[2022] KEHC 14948 (KLR)
The court determined that since the subject matter of the succession cause originates from the jurisdiction of the Madiany Law Courts, which is now fully operationalized and gazetted, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law...
Source-derived case information.
- Citation
- [2022] KEHC 14948 (KLR)
- Parties
- Applicant: Michael Samson Ouma Bunde
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 55 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession cause transferred to Madiany Law Courts; file closed at Siaya High Court.
- 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
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Parties
Michael Samson Ouma Bunde
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the subject matter of the succession cause originates from the jurisdiction of the Madiany Law Courts, which is now fully operationalized and gazetted, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the court with proper territorial jurisdiction, and facilitates administrative efficiency and convenience for the parties involved.
Court Disposition
Succession cause transferred to Madiany Law Courts; file closed at Siaya High Court.
Orders
- Bondo PM P&A No E455 of 2021 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Dewrans Onam Okach (Deceased) (Succession Cause 55 of 2022) [2022] KEHC 14948 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14948 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 55 of 2022
RE Aburili, J
November 2, 2022
IN THE MATTER OF THE ESTATE OF DEWRANS ONAM OKACH ALIAS DEWRANCE ONAMU OKACH (DECEASED) AND IN THE MATTER OF MICHAEL SAMSON OUMA BUNDE- ADMINISTRATOR (Originating from Bondo PM Succession Cause No. E 455 of 2021)
Ruling
1. Bondo PM P&A E455 of 2021 was submitted to this court for directions.
2. As the subject matter of the succession cause originates from the jurisdiction of the gazetted and now fully operationalized Madiany Law Courts. I hereby transfer Bondo PM P&A No E455 of 2021 to Madiany Law Courts for hearing and final determination.
3. The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.
4. The copies of ruling and order to be submitted to Bondo PM’s court for their records and notification of parties.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE