[2022] KEHC 14787 (KLR)
The court determined that since the subject matter of the Succession Cause originates from the jurisdiction of the now fully operationalized Madiany Law Courts, it is appropriate and in accordance with the law to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and...
Source-derived case information.
- Citation
- [2022] KEHC 14787 (KLR)
- Parties
- Applicant: Jacktone Verckey Hongo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 42 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The Succession Cause is transferred to Madiany Law Courts for hearing and final determination. The original file and copies of the order and ruling are to be transmitted accordingly. The file at the High Court at Siaya is closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacktone Verckey Hongo
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 subject matter of the Succession Cause originates from the jurisdiction of the now fully operationalized Madiany Law Courts, it is appropriate and in accordance with the law to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard by the court with the proper territorial jurisdiction, following the gazettement and operationalization of the Madiany Law Courts.
Court Disposition
The Succession Cause is transferred to Madiany Law Courts for hearing and final determination. The original file and copies of the order and ruling are to be transmitted accordingly. The file at the High Court at Siaya is closed.
Orders
- Bondo PM P&A No. E140 of 2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Erasto Hongo Okwiri (Deceased) (Succession Cause 42 of 2022) [2022] KEHC 14787 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14787 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 42 of 2022
RE Aburili, J
November 2, 2022
IN THE MATTER OF THE ESTATE OF ERASTO HONGO OKWIRI (DECEASED) AND IN THE MATTER OF JACKTONE VERCKEY HONGO-ADMINISTRATOR (Originating from Bondo PM Succession Cause No. E 140 of 2022)
Ruling
1. Bondo PM P&A E140 of 2022 was submitted to this court for directions.
2. As the subject matter of the Succession Cause originates from the jurisdiction of the gazetted and now fully operationalized Madiany Law Courts. I hereby transfer Bondo PM P&A No. E140 of 2022 to Madiany Law Courts for hearing and final determination.
3. The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.
4. The copies of Ruling and order to be submitted to Bondo PM’s court for their records and notification of parties.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2NDDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE