[2025] KEHC 7565 (KLR)
The court determined that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the file from Maseno Law Courts to Kombewa Law Courts. The transfer was ordered under section 18 of the Civil...
Source-derived case information.
- Citation
- [2025] KEHC 7565 (KLR)
- Parties
- Applicant: Peter Jaoko Owuor; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 112 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Jaoko Owuor
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the proper geographical jurisdiction to hear the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts for hearing and determination.
- 3 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The court determined that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the file from Maseno Law Courts to Kombewa Law Courts. The transfer was ordered under section 18 of the Civil Procedure Act to ensure the matter is heard in the court with proper jurisdiction and to facilitate access to justice for the parties. The file was accordingly withdrawn from Maseno and transferred to Kombewa for hearing and determination.
Court Disposition
Application for transfer of proceedings allowed.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Hilarius Oganyo Arango (Deceased) (Miscellaneous Succession Application 112 of 2025) [2025] KEHC 7565 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7565 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 112 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF HILARIUS OGANYO ARANGO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY PETER JAOKO OWUOR - PETITIONER
(From Original Maseno Senior Principal Magistrate Succession Cause No. E316 of 2024)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 9/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE