[2022] KEHC 15034 (KLR)
The court determined that since the subject matter of the succession cause originates from Rarieda, which falls within the jurisdiction of the newly gazetted and operationalized Madiany Law Court, it is appropriate and in accordance with the law to transfer the proceedings from Bondo Principal Magistrate's Court to...
Source-derived case information.
- Citation
- [2022] KEHC 15034 (KLR)
- Parties
- Applicant: Duncan Omondi Gowi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 13 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The succession cause is transferred to Madiany Law Courts for hearing and final determination. File closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Omondi Gowi
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.
Ratio Decidendi
The court determined that since the subject matter of the succession cause originates from Rarieda, which falls within the jurisdiction of the newly gazetted and operationalized Madiany Law Court, it is appropriate and in accordance with the law to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard by the court with proper territorial jurisdiction, promoting judicial efficiency and compliance with statutory requirements.
Court Disposition
The succession cause is transferred to Madiany Law Courts for hearing and final determination. File closed at Siaya High Court.
Orders
- Bondo PM P&A E196/2021 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file and copies of the ruling and order to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Gordon Gowi Aguso (Deceased) (Succession Cause 13 of 2022) [2022] KEHC 15034 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15034 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 13 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF GORDON GOWI AGUSO (DECEASED) AND IN THE MATTRER OF DUNCAN OMONDI GOWI-ADMINISTRATOR (Originating from Bondo PM P&A E196 of 2021)
Ruling
1. This matter arises from Bondo PM P&A E196/2021 which was availed to this court for directions.
2. As the subject matter originates from Rarieda which is within the jurisdiction of the newly gazetted and operationalized Madiany Law Court, I hereby order that Bondo PM P&A E196/2021 is hereby transferred to Madiany Law Courts for hearing and final determination.
3. The original Bondo file and copies of the Ruling and order to be transmitted to Madiany Law Courts. A copy of this ruling and order to be dispatched to Bondo law Courts for their records and notification of the parties.
4. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1STDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE