[2022] KEHC 15029 (KLR)
The court determined that since the subject matter and the parties are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM Succession Cause No. 558/2021 to Madiany Law Courts for hearing and determination. This...
Source-derived case information.
- Citation
- [2022] KEHC 15029 (KLR)
- Parties
- Applicant: Margaret Adhiambo Ooro; Applicant: Wilson Arika Ooro; Applicant: Moses Okendo Ooro
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 28 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No. 558/2021 transferred to Madiany Law Courts; file closed at Siaya High Court.
- Judges
- RE Aburili
- 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
Margaret Adhiambo Ooro
Applicant
Wilson Arika Ooro
Applicant
Moses Okendo Ooro
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No. 558/2021 should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the subject matter and the parties are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM Succession Cause No. 558/2021 to Madiany Law Courts for hearing and determination. This ensures that the matter is heard in the proper forum, in accordance with jurisdictional requirements and for administrative convenience.
Court Disposition
Bondo PM Succession Cause No. 558/2021 transferred to Madiany Law Courts; file closed at Siaya High Court.
Orders
- Bondo PM Succession Cause No. 558/2021 is transferred to Madiany Law Courts for hearing and determination.
- The original file from Bondo together with copies of this Ruling and order to be transmitted to Bondo Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of James Ooro Arudhi (Deceased) (Succession Cause 28 of 2022) [2022] KEHC 15029 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15029 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 28 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF JAMES OORO ARUDHI (DECEASED) AND IN THE MATTER OF MARGARET ADHIAMBO OORO, WILSON ARIKA OORO &MOSES OKENDO OORO-ADMINISTRATIX &ADMINISTRATORS (Originating from Bondo PM P&A 558 of 2021)
Ruling
1. Bondo PM Succession Cause No.558/2021 was availed to this Court for directions. As the subject matter and the parties are domiciled within the jurisdiction of the gazetted and newly operationalized Madiany Law Courts, I hereby transfer Bondo PM Succession Cause No. 558/2021 to Madiany Law Courts for hearing and determination.
2. The original file from Bondo together with copies of this Ruling and order to be transmitted to Bondo Law Courts.
3. Ruling and order to be supplied to Bondo Law Courts for their records.
4. I so order.
5. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE