[2025] KEHC 7773 (KLR)
The High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was appropriate. The Court considered the geographical jurisdiction of both courts and the constitutional requirement to facilitate...
Source-derived case information.
- Citation
- [2025] KEHC 7773 (KLR)
- Parties
- Applicant: Gabriel Otieno Angieda
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 165 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- 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
Gabriel Otieno Angieda
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer promotes access to justice as required by Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was appropriate. The Court considered the geographical jurisdiction of both courts and the constitutional requirement to facilitate access to justice. The transfer was ordered to ensure that the matter is heard in the most suitable forum, thereby promoting efficiency and convenience for the parties and upholding the right of access to justice as enshrined in Article 48 of the Constitution.
Court Disposition
Application for transfer of proceedings granted.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
17 paragraphs
In re Estate of Domnicus Angienda Nyichudo alias Angiendi Nyichudo (Deceased) (Miscellaneous Succession Application 165 of 2025) [2025] KEHC 7773 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7773 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 165 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF DOMNICUS ANGIENDA NYICHUDO alias ANGIENDI NYICHUDO (DECEASED)
In the matter of
Gabriel Otieno Angieda
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 10/6/2025 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 4TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE.