[2025] KEHC 7361 (KLR)
The High Court determined that, considering the geographical jurisdiction of the Maseno and Kombewa Magistrate’s Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its powers under...
Source-derived case information.
- Citation
- [2025] KEHC 7361 (KLR)
- Parties
- Applicant: Amos Oburu Waga; Respondent: Estate of Dismas Oloo Waga alias Oloo Waga (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 110 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Oburu Waga
Applicant
Estate of Dismas Oloo Waga alias Oloo Waga (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court determined that, considering the geographical jurisdiction of the Maseno and Kombewa Magistrate’s Courts and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its powers under section 18 of the Civil Procedure Act to withdraw the file from Maseno and direct its transfer to Kombewa for hearing and determination, thereby ensuring the matter would be heard in the most suitable forum for all parties.
Court Disposition
Application for transfer of proceedings allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Dismas Oloo Waga alias Oloo Waga (DEceased) (Miscellaneous Succession Application 110 of 2025) [2025] KEHC 7361 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7361 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 110 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF DISMAS OLOO WAGA alias OLOO WAGA (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY AMOS OBURU WAGA
In the matter of
Amos Oburu Waga
Petitioner
(From Original Maseno Senior Principal Magistrate Succession Cause No. E308 of 2024)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 9/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATEDAND DELIVEREDAT KISUMU THIS 3RDDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE