[2022] KEHC 15326 (KLR)

[2022] KEHC 15326 (KLR)

The court determined that since both the parties and the subject matter are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interest of justice to transfer Bondo PM Succession Cause No E244/2022 to Madiany Law Courts for hearing and final determination....

Source-derived case information.

Citation
[2022] KEHC 15326 (KLR)
Parties
Applicant: Haggai Opiyo Asewe alias Akal Asewe (Deceased)
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 137 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
Bondo PM Succession Cause No E244/2022 is transferred to Madiany Law Courts for hearing and final 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
Family and Children Succession Proceedings Transfer of Suit Jurisdiction Probate and Administration

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Parties

Haggai Opiyo Asewe alias Akal Asewe (Deceased)

Applicant

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether Bondo PM Succession Cause No E244/2022 should be transferred to Madiany Law Courts for hearing and determination.
  2. 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 are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interest of justice to transfer Bondo PM Succession Cause No E244/2022 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard by the court with proper jurisdiction, thereby promoting judicial efficiency and convenience for the parties involved.

Court Disposition

Bondo PM Succession Cause No E244/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.

Orders

  • Bondo PM Succession Cause No E244/2022 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.