[2022] KEHC 15243 (KLR)

[2022] KEHC 15243 (KLR)

The court determined that since the parties and the subject matter of Bondo PM Succession Cause No E92/2022 are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the case to that court for hearing and final determination. This ensures that the...

Source-derived case information.

Citation
[2022] KEHC 15243 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 110 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
Bondo PM Succession Cause No E92/2022 is transferred to Madiany Law Courts for hearing and final determination. The original file and copies of the ruling and order are to be transmitted accordingly. The present file is closed.
Judges
RE Aburili
Legal Topics
Succession Proceedings, Transfer of Cause, Jurisdiction, Probate and Administration
Source Language
en
Family and Children Succession Proceedings Transfer of Cause Jurisdiction Probate and Administration

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Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether Bondo PM Succession Cause No E92/2022 should be transferred to Madiany Law Courts for hearing and determination.

Ratio Decidendi

The court determined that since the parties and the subject matter of Bondo PM Succession Cause No E92/2022 are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the case to that court for hearing and final determination. This ensures that the matter is heard in the proper forum, in accordance with the principles of jurisdiction and administrative efficiency. The High Court exercised its inherent power to direct the transfer of proceedings to the appropriate court, thereby facilitating access to justice and proper administration of the estate.

Court Disposition

Bondo PM Succession Cause No E92/2022 is transferred to Madiany Law Courts for hearing and final determination. The original file and copies of the ruling and order are to be transmitted accordingly. The present file is closed.

Orders

  • Bondo PM Succession Cause No E92/2022 is transferred to Madiany Law Courts for hearing and final determination.
  • The original file from Bondo together with copies of this ruling and order shall be transmitted to Madiany Law Courts.