[2022] KEHC 14826 (KLR)
The court determined that since the subject matter and the parties originate from the jurisdiction of the newly gazetted and operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM Succession Cause No. E321/2021 to the Madiany Principal Magistrate’s Court for...
Source-derived case information.
- Citation
- [2022] KEHC 14826 (KLR)
- Parties
- Applicant: Kalsina Atieno Ogiaga
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 24 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No. E321/2021 transferred to Madiany Principal Magistrate’s Court; original file and copies of ruling and order to be transmitted; file closed.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kalsina Atieno Ogiaga
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No. E321/2021 should be transferred to the Madiany Principal Magistrate's Court for hearing and determination.
Ratio Decidendi
The court determined that since the subject matter and the parties originate from the jurisdiction of the newly gazetted and operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM Succession Cause No. E321/2021 to the Madiany Principal Magistrate’s Court for hearing and determination. This ensures that the matter is heard in the court with proper territorial jurisdiction, aligning with administrative efficiency and access to justice.
Court Disposition
Bondo PM Succession Cause No. E321/2021 transferred to Madiany Principal Magistrate’s Court; original file and copies of ruling and order to be transmitted; file closed.
Orders
- Bondo PM Succession Cause No. E321/2021 is transferred to Madiany Principal Magistrate’s Court for hearing and determination.
- The original file from Bondo to be transmitted to Madiany Law Courts together with copies of this Ruling and order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Dominic Ogiaga Ojore (Deceased) (Succession Cause 24 of 2022) [2022] KEHC 14826 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14826 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 24 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF DOMINIC OGIAGA OJORE (DECEASED) AND IN THE MATTER OF KALSINA ATIENO OGIAGA-ADMINISTRATIX
Ruling
1. Bondo PM Succession Cause No. E321/2021 was send to this court for directions.
2. As the subject matter and the parties originate from the jurisdiction of the newly gazetted and operationalized Madiany Law Courts, I hereby transfer Bondo PM Succession Cause No. E321/2021 to Madiany Principal Magistrate’s courts for hearing and determination.
3. The original file from Bondo to be transmitted to Madiany Law Courts together with copies of this Ruling and order.
4. The order and Ruling to be given to Bondo PM’s court for their records.
5. I so order.
6. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE