[2024] KEHC 8544 (KLR)

[2024] KEHC 8544 (KLR)

The court determined that since the deceased's last place of domicile was Nyahera, the court with the proper geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno SPM’s...

Source-derived case information.

Citation
[2024] KEHC 8544 (KLR)
Parties
Applicant: Alice Aoko Rombo; Respondent: Ezekiel Rombo Ongulo (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Family Miscellaneous Civil Case 190 of 2024
Procedural Posture
Family Miscellaneous Civil Case / Ruling on Transfer of Proceedings
Outcome
Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
Judges
MS Shariff
Legal Topics
Transfer of Proceedings, Jurisdiction of Courts, Probate and Administration
Source Language
en
Civil Procedure Family and Children Transfer of Proceedings Jurisdiction of Courts Probate and Administration

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Parties

Alice Aoko Rombo

Applicant

Ezekiel Rombo Ongulo (Deceased)

Respondent

Procedural Posture

Family Miscellaneous Civil Case / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Ezekiel Rombo Ongulo.
  2. 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court for hearing and determination.

Ratio Decidendi

The court determined that since the deceased's last place of domicile was Nyahera, the court with the proper geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno SPM’s Court for further hearing and determination. The transfer ensures that the matter is heard in the appropriate forum as required by law.

Court Disposition

Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.

Orders

  • The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.