[2022] KEHC 14960 (KLR)
The court determined that since both the parties and the subject matter of the succession cause originate from the jurisdiction of the newly established and gazetted Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany...
Source-derived case information.
- Citation
- [2022] KEHC 14960 (KLR)
- Parties
- Applicant: Rose Adhiambo Yongo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 18 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The succession cause is transferred to Madiany Law Courts for hearing and determination. The file is closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Adhiambo Yongo
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 due to jurisdictional considerations.
Ratio Decidendi
The court determined that since both the parties and the subject matter of the succession cause originate from the jurisdiction of the newly established and gazetted Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and determination. This ensures that the matter is heard in the court with proper territorial jurisdiction, in line with administrative efficiency and access to justice.
Court Disposition
The succession cause is transferred to Madiany Law Courts for hearing and determination. The file is closed at Siaya High Court.
Orders
- Bondo PM P&A E143/2022 is transferred to Madiany Law Courts for hearing and determination.
- The original Bondo file with a copy of this ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Gripa Ndonga Tuju (Deceased) (Succession Cause 18 of 2022) [2022] KEHC 14960 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14960 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 18 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF GRIPA NDONGA TUJU ALIAS AGRIPA NDONGA (DECEASED) AND IN THE MATTER OF ROSE ADHIAMBO YONGO-ADMINISTRATIX (Originating from Bondo PM P&A E143 of 2022)
Ruling
1. Original Bondo PM P&A E143/2022 was availed to this court for directions. I hereby order that as the parties and the subject matter originate from the jurisdiction of the newly established and gazetted Madiany Law Courts, Bondo PM P&A E143/2022 is hereby transferred to Madiany Law Courts for hearing and determination.
2. The original Bondo file with copy of this Ruling and order shall be transmitted to Madiany Law Courts.
3. Bondo Law Courts to be supplied with copy of this Ruling and order.
4. I so order.
5. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1STDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE