[2022] KEHC 15026 (KLR)
The court determined that, since the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly established and gazetted Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM P&A E343/2021 to Madiany Law Courts for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 15026 (KLR)
- Parties
- Applicant: Sabina Obunge Ongonga; Applicant: Rose Anyango Oyuga
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 26 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession cause transferred to Madiany Law Courts; file at Siaya closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sabina Obunge Ongonga
Applicant
Rose Anyango Oyuga
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.
- 2 Whether the original file and copies of the ruling and order should be transmitted to the appropriate courts.
Ratio Decidendi
The court determined that, since the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly established and gazetted Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM P&A E343/2021 to Madiany Law Courts for hearing and final determination. The court further directed that the original file and copies of the ruling and order be transmitted to Madiany Law Courts, with similar copies to be submitted to Bondo Law Courts for record-keeping. The file before the High Court at Siaya was accordingly closed.
Court Disposition
Succession cause transferred to Madiany Law Courts; file at Siaya closed.
Orders
- Bondo PM P&A E343/2021 is transferred to Madiany Law Courts for hearing and final determination.
- The original file from Bondo plus copies of the ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Fanuel Ongonga Arwa alias Fanuel Ong’ong’a Arwa (Deceased) (Succession Cause 26 of 2022) [2022] KEHC 15026 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15026 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 26 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF FANUEL ONGONGA ARWA ALIAS FANUEL ONG’ONG’A ARWA (DECEASED) AND IN THE MATTER OF SABINA OBUNGE ONGONGA &ROSE ANYANGO OYUGA-ADMINISTRATICES (Originating from Bondo PM P&A E343 of 2021)
Ruling
1. This file originates Bondo PM Succession Cause No E343/2021 which was send to this court for directions. As the parties and the subject matter are domiciled within the jurisdiction of the newly established and gazetted Madiany Law Courts, I hereby transfer Bondo PM P&A E343/2021 to Madiany Law Courts for hearing and final determination.
2. The original file from Bondo plus copies of the ruling and order shall be transmitted to Madiany Law courts.
3. Similar copies to be submitted to Bondo Law Courts for the records.
4. This file is now closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1STDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE