[2025] KEHC 9820 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the Maseno Law Courts are the appropriate forum for hearing and determination of the succession cause. The transfer is justified by considerations of geographical jurisdiction and the constitutional imperative to...
Source-derived case information.
- Citation
- [2025] KEHC 9820 (KLR)
- Parties
- Applicant: Wilikister Aoko Ogola; Respondent: Estate of Ezekiel Nyawade Achola (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 303 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Maseno Law Courts.
- 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
Wilikister Aoko Ogola
Applicant
Estate of Ezekiel Nyawade Achola (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Magistrate's Court has proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Maseno Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the Maseno Law Courts are the appropriate forum for hearing and determination of the succession cause. The transfer is justified by considerations of geographical jurisdiction and the constitutional imperative to facilitate access to justice under Article 48 of the Constitution. The court found no reason to retain the matter at Kisumu Law Courts and ordered the file transferred to Maseno Law Courts, with parties to be notified and the matter to be mentioned for further directions.
Court Disposition
Application for transfer allowed; file transferred to Maseno Law Courts.
Orders
- The file is withdrawn from Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Ezekiel Nyawade Achola (Deceased) (Miscellaneous Succession Application 303 of 2025) [2025] KEHC 9820 (KLR) (9 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9820 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 303 of 2025
A Mabeya, J
July 9, 2025
IN THE MATTER OF THE ESTATE OF EZEKIEL NYAWADE ACHOLA - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WILIKISTER AOKO OGOLA - PETITIONER
(From Original Kisumu Magistrate’s Court Succession Cause No. E091 of 2025
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno. 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 Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination. The parties be notified.
3. Mention on 25/7/2025 before the Head of Station, Maseno Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 9TH DAY OF JULY, 2025. A. MABEYA, FCI, ArbJUDGE