[2022] KEHC 14964 (KLR)
The court determined that since the subject matter of the succession cause falls within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM P&A No E464/2021 to that court for hearing and final determination. This ensures that the...
Source-derived case information.
- Citation
- [2022] KEHC 14964 (KLR)
- Parties
- Applicant: Alfred Onyango Onditi; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 35 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM P&A No E464/2021 transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; Siaya file 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
Alfred Onyango Onditi
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM P&A No E464/2021 should be transferred to the Madiany Law Courts for hearing and determination.
- 2 Whether the Madiany Law Courts have jurisdiction over the subject matter of the succession cause.
Ratio Decidendi
The court determined that since the subject matter of the succession cause falls within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM P&A No E464/2021 to that court for hearing and final determination. This ensures that the matter is heard by the court with the proper territorial jurisdiction, in accordance with statutory and administrative requirements.
Court Disposition
Bondo PM P&A No E464/2021 transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; Siaya file closed.
Orders
- Bondo PM P&A No E464/2021 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 Jacob Onditi Obunga (Deceased) and In re of Alfred Onyango Onditi- Administrator (Succession Cause 35 of 2022) [2022] KEHC 14964 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14964 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 35 of 2022
RE Aburili, J
November 2, 2022
IN THE MATTER OF THE ESTATE OF JACOB ONDITI OBUNGA (DECEASED) AND IN THE MATTER OF ALFRED ONYANGO ONDITI-ADMINISTRATOR
Ruling
1. Bondo PM P&A E464/2021 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 E464/2021 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