[2022] KEHC 14796 (KLR)
The court determined that since both the parties and the subject matter of the succession proceedings are domiciled within the jurisdiction of the Madiany Law Courts, and as that court is gazetted and fully operational, it is appropriate and in the interests of justice to transfer the Succession Cause from Bondo Law...
Source-derived case information.
- Citation
- [2022] KEHC 14796 (KLR)
- Parties
- Applicant: Hesbon Juma Oluoch; Respondent: Estate of Francis Akoth Oluoch alias Nashon Okoth Oluoch (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 32 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession Cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; Bondo Law Courts to be supplied with copies for their records; file at Siaya High Court closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesbon Juma Oluoch
Applicant
Estate of Francis Akoth Oluoch alias Nashon Okoth Oluoch (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Succession Cause should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination.
- 2 Whether the Madiany Law Courts have jurisdiction over the parties and subject matter.
Ratio Decidendi
The court determined that since both the parties and the subject matter of the succession proceedings are domiciled within the jurisdiction of the Madiany Law Courts, and as that court is gazetted and fully operational, it is appropriate and in the interests of justice to transfer the Succession Cause from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the correct forum, in line with jurisdictional requirements and efficient administration of justice.
Court Disposition
Succession Cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; Bondo Law Courts to be supplied with copies for their records; file at Siaya High Court closed.
Orders
- Bondo P&A E116/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file from Bondo together with copies of this Ruling and order to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Francis Akoth Oluoch alias Nashon Okoth Oluoch (Deceased) (Succession Cause 32 of 2022) [2022] KEHC 14796 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14796 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 32 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF FRANCIS AKOTH OLUOCH ALIAS NASHON OKOTH OLUOCH (DECEASED) AND IN THE MATTER OF HESBON JUMA OLUOCH-ADMINISTRATOR
(Originating from Bondo PM P&A E116 of 2022)
Ruling
1. This file habours original file in Bondo PM P&A E116/2022 availed to this court for directions.
2. As the parties and the subject matter are domiciled within the jurisdiction of the gazetted and fully operationalized Madiany Law Courts, I hereby transfer Bondo P&A E116/2022 to Madiany Law Courts for hearing and final determination.
3. The original file from Bondo together with copies of this Ruling and order to be transmitted to Madiany Law Courts.
4. Bondo Law courts to be supplied with copies of Ruling and Order for their records.
5. I so order.
6. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE