[2024] KEHC 8543 (KLR)

[2024] KEHC 8543 (KLR)

The court found that since the deceased's last place of domicile was Got-Nyabondo, the court with the appropriate geographical jurisdiction is the Winam 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 Winam...

Source-derived case information.

Citation
[2024] KEHC 8543 (KLR)
Parties
Applicant: Roseline Adhiambo Onyango
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Family Miscellaneous Civil Case 189 of 2024
Procedural Posture
Family Miscellaneous Civil Case / Ruling on Transfer of Suit
Outcome
Matter transferred to Winam Senior Principal Magistrate’s Court for further hearing and determination.
Judges
MS Shariff
Legal Topics
Transfer of Suit, Jurisdiction of Court, Probate and Administration
Source Language
en
Civil Procedure Family and Children Transfer of Suit Jurisdiction of Court Probate and Administration

Source-derived case record

Summary, issues, holding and outcome

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Parties

Roseline Adhiambo Onyango

Applicant

Procedural Posture

Family Miscellaneous Civil Case / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Ezrone Onyango Alindi.
  2. 2 Whether the matter should be transferred to the Winam Senior Principal Magistrate’s Court as the court with geographical jurisdiction.

Ratio Decidendi

The court found that since the deceased's last place of domicile was Got-Nyabondo, the court with the appropriate geographical jurisdiction is the Winam 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 Winam SPM’s Court for further hearing and determination.

Court Disposition

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

Orders

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