[2022] KEHC 14788 (KLR)
The court determined that since the subject matter of the succession cause falls within the jurisdiction of the Madiany law courts, which are now fully operationalized and gazetted, it is appropriate and in accordance with the law to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany law...
Source-derived case information.
- Citation
- [2022] KEHC 14788 (KLR)
- Parties
- Applicant: Hongo Orimo (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 48 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The succession cause is transferred to Madiany law courts for hearing and final determination. The file at the High Court is closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hongo Orimo (Deceased)
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.
Ratio Decidendi
The court determined that since the subject matter of the succession cause falls within the jurisdiction of the Madiany law courts, which are now fully operationalized and gazetted, it is appropriate and in accordance with the law to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany law courts for hearing and final determination. This ensures that the matter is handled by the court with the correct territorial jurisdiction, promoting judicial efficiency and compliance with statutory requirements.
Court Disposition
The succession cause is transferred to Madiany law courts for hearing and final determination. The file at the High Court is closed.
Orders
- Bondo PM P&A No E114 of 2022 is transferred to Madiany law courts for hearing and final determination.
- The original Bondo file plus copies of this order and ruling to be transmitted to Madiany law courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Hongo Orimo (Deceased) (Succession Cause 48 of 2022) [2022] KEHC 14788 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14788 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 48 of 2022
RE Aburili, J
November 2, 2022
(Originating from Bondo PM Succession Cause No. E 114 of 2022)
Ruling
1. Bondo PM P&A E114 of 2022 was submitted to this court for directions.
2. As the subject matter of the succession cause originates from the jurisdiction of the gazetted and now fully operationalized Madiany law courts. I hereby transfer Bondo PM P&A No E114 of 2022 to Madiany law courts for hearing and final determination.
3. The original Bondo file plus copies of this order and ruling to be transmitted to Madiany law courts.
4. The copies of ruling and order to be submitted to Bondo PM’s court for their records and notification of parties.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE