[2022] KEHC 15286 (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 matter from Bondo PM Succession Cause No. E60/2022 to Madiany Law Courts for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 15286 (KLR)
- Parties
- Applicant: Mikael Okumu Chore
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 115 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No. E60/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mikael Okumu Chore
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 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 matter from Bondo PM Succession Cause No. E60/2022 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 convenience and judicial efficiency.
Court Disposition
Bondo PM Succession Cause No. E60/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
Orders
- Bondo PM Succession Cause No. E60/2022 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
16 paragraphs
In re Estate of Dishon Chore Nyanyuma (Deceased) (Succession Cause 115 of 2022) [2022] KEHC 15286 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15286 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 115 of 2022
RE Aburili, J
November 11, 2022
AND
IN THE MATTER OF MIKAEL OKUMU CHORE-ADMINISTRATOR
Originating from Bondo PM P&A E60 of 2022)
Ruling
1. Bondo PM Succession Cause No. E60/2022 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. E60/2022 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 11TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE