[2025] KEHC 7320 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, found it appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The decision was guided by considerations of geographical jurisdiction and the constitutional imperative to facilitate access to...
Source-derived case information.
- Citation
- [2025] KEHC 7320 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 82 of 2025
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- File transferred to Kombewa Law Courts; file marked as closed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / 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 discretion under section 18 of the Civil Procedure Act, found it appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The decision was guided by considerations of geographical jurisdiction and the constitutional imperative to facilitate access to justice as enshrined in Article 48 of the Constitution. The court determined that the transfer would better serve the interests of justice and convenience for the parties involved. Accordingly, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
Court Disposition
File transferred to Kombewa Law Courts; file marked as closed.
Orders
- This file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties be notified.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Ezekiel Mito Oyungu alias Hezekiel Mito Oyungu (Deceased) (Miscellaneous Succession Cause 82 of 2025) [2025] KEHC 7320 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7320 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 82 of 2025
A Mabeya, J
June 3, 2025
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.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE.