[2022] KEHC 15245 (KLR)
The court determined that since both the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM Succession Cause No E496/2021 to Madiany Law Courts for hearing...
Source-derived case information.
- Citation
- [2022] KEHC 15245 (KLR)
- Parties
- Applicant: Gweya Ongong'a (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 81 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No E496/2021 is transferred to Madiany Law Courts for hearing and final determination. The file at Siaya High Court is 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
Gweya Ongong'a (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No E496/2021 should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since both the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM Succession Cause No E496/2021 to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the proper forum, aligning with the principles of jurisdiction and efficient administration of justice.
Court Disposition
Bondo PM Succession Cause No E496/2021 is transferred to Madiany Law Courts for hearing and final determination. The file at Siaya High Court is closed.
Orders
- Bondo PM Succession Cause No E496/2021 is transferred to Madiany Law Courts for hearing and final determination.
- The original file and copies of the ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Gweya Ongong'a (Deceased) (Succession Cause 81 of 2022) [2022] KEHC 15245 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15245 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 81 of 2022
RE Aburili, J
November 11, 2022
(Originating from Bondo PM P&A E496 of 2021)
Ruling
1. Bondo PM Succession Cause No E496/2021 was availed to this court for directions.
2. As the parties and the subject matter are domiciled within the jurisdiction of the gazetted newly operationalized Madiany Law Courts, I hereby transfer Bondo PM Succession Cause No E496/2021 to Madiany Law Courts for hearing and final determination.
3. The original file from Bondo together with copies of this ruling and order shall be transmitted to Madiany Law Courts while copies of ruling and order shall be send to Bondo Law Courts for their records and notification of the parties.
4. I so order. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11THDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE