[2025] KEHC 8048 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the succession matter from Maseno Law Courts to Kombewa Law Courts was appropriate. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to...
Source-derived case information.
- Citation
- [2025] KEHC 8048 (KLR)
- Parties
- Applicant: Thomas Odhiambo Aduke
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 229 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts; file marked as closed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Odhiambo Aduke
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession matter from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the succession matter from Maseno Law Courts to Kombewa Law Courts was appropriate. The court considered the geographical jurisdiction of both courts and the constitutional imperative of access to justice under Article 48. The transfer was ordered to ensure that the matter is heard and determined in the most suitable forum, thereby upholding the right of access to justice for the parties involved.
Court Disposition
Application for transfer allowed; file transferred to Kombewa Law Courts; file marked as closed.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Domnic Aduke alias Domnick Aduke (Deceased) (Miscellaneous Succession Application 229 of 2025) [2025] KEHC 8048 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8048 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 229 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF DOMNIC ADUKE alias DOMNICK ADUKE -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY THOMAS ODHIAMBO ADUKE - APPLICANT
In the matter of
Thomas Odhiambo Aduke
Applicant
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 16/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 9THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE