[2022] KEHC 15235 (KLR)

[2022] KEHC 15235 (KLR)

The court determined that since the parties and the subject matter of Bondo PM Succession Cause No. 151/2022 are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the matter to that court for hearing and final determination. This ensures that...

Source-derived case information.

Citation
[2022] KEHC 15235 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 135 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
Bondo PM Succession Cause No. 151/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
Judges
RE Aburili
Legal Topics
Succession Proceedings, Transfer of Suit, Jurisdiction, Probate and Administration
Source Language
en
Family and Children Succession Proceedings Transfer of Suit Jurisdiction Probate and Administration

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether Bondo PM Succession Cause No. 151/2022 should be transferred to Madiany Law Courts for hearing and determination.

Ratio Decidendi

The court determined that since the parties and the subject matter of Bondo PM Succession Cause No. 151/2022 are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the matter to that court for hearing and final determination. This ensures that the matter is heard in the court with proper territorial jurisdiction, in line with the principles of efficient administration of justice and jurisdictional propriety. The transfer also facilitates convenience for the parties and aligns with the operationalization of the new court.

Court Disposition

Bondo PM Succession Cause No. 151/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.

Orders

  • Bondo PM Succession Cause No. 151/2022 is transferred to Madiany Law Courts for hearing and final determination.
  • The original file from Bondo together with copies of this Ruling and Order shall be transmitted to Madiany Law Courts.