[2022] KEHC 14832 (KLR)
The court determined that since the parties and the subject matter of the succession cause fall within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the file from Bondo to Madiany for hearing and final determination. This ensures that...
Source-derived case information.
- Citation
- [2022] KEHC 14832 (KLR)
- Parties
- Applicant: Jacob Otiw (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 15 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of File
- Outcome
- The succession cause file is transferred to Madiany Law Courts for hearing and final determination. The original file and ruling are to be transmitted to Madiany PM's court, and a copy sent to Bondo PM's court. The file at Siaya is closed.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Otiw (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of File
Legal Issues
- 1 Whether the Succession Cause file should be transferred to the newly operationalized Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the parties and the subject matter of the succession cause fall within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the file from Bondo to Madiany for hearing and final determination. This ensures that the matter is handled by the court with proper territorial jurisdiction, promoting efficiency and convenience for all parties involved.
Court Disposition
The succession cause file is transferred to Madiany Law Courts for hearing and final determination. The original file and ruling are to be transmitted to Madiany PM's court, and a copy sent to Bondo PM's court. The file at Siaya is closed.
Orders
- Bondo P&A E235/2021 is transferred to Madiany Law Courts for hearing and final determination.
- The original file and this ruling and order to be transmitted to Madiany PM's court.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Jacob Otiw (Deceased) (Succession Cause 15 of 2022) [2022] KEHC 14832 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14832 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 15 of 2022
RE Aburili, J
November 1, 2022
Ruling
1. Original Bondo P&A E235/2021 file was availed to this court for directions.
2. As the parties and the subject matter are/is within the jurisdiction of the gazette and newly operationalized Madiany Law Courts, I hereby order for transfer of Bondo P&A E235/2021 to Madiany Law Courts for hearing and final determination.
3. The original file and this ruling and order be transmitted to Madiany PM’s court.
4. Copy of the ruling and order to be send to Bondo PM’s court for their records.
5. I so order.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R E ABURILIJUDGE