[2022] KEHC 14962 (KLR)
The court determined that, since the parties and the subject matter of the succession cause originate from the jurisdiction of the newly operationalized 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 14962 (KLR)
- Parties
- Applicant: Samuel Odongo Oginga
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 27 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession Cause No 553/2021 transferred to Madiany Law Courts; original file and ruling to be transmitted; file at High Court closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Odongo Oginga
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.
- 2 Whether the original file and relevant documents should be transmitted to the new court of jurisdiction.
Ratio Decidendi
The court determined that, since the parties and the subject matter of the succession cause originate from the jurisdiction of the newly operationalized 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 final determination. The transfer ensures that the matter is heard in the correct forum, aligning with the principles of jurisdiction and administrative efficiency.
Court Disposition
Succession Cause No 553/2021 transferred to Madiany Law Courts; original file and ruling to be transmitted; file at High Court closed.
Orders
- Bondo PM Succession Cause No 553/2021 is transferred to Madiany Law Courts for hearing and final determination.
- The original file from Bondo, together with copies of this ruling and order, to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Henry Oginga Odongo (Deceased) (Succession Cause 27 of 2022) [2022] KEHC 14962 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14962 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 27 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF HENRY OGINGA ODONGO (DECEASED) AND IN THE MATTER OF SAMUEL ODONGO OGINGA- ADMINISTRATOR
(Originating from Bondo PM P&A 553 2021)
Ruling
1. Bondo PM Succession Cause No 553/2021 was availed to this court for directions. As the parties and the subject matter originate from the jurisdiction of the newly operationalized and gazetted Madiany Law Courts, I hereby transfer Bondo PM Succession Cause No 553/2021 to Madiany Law Courts for hearing and final determination.
2. The original file from Bondo, together with copies of this ruling and order to be transmitted to Madiany Law Courts.
3. Copies of the ruling and order to be supplied to Bondo PM’S court for their records.
4. This file is hereby closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022. R.E. ABURILIJUDGE