[2022] KEHC 14959 (KLR)
The court determined that since the parties and the subject matter of the succession cause are domiciled within Rarieda, which falls under the jurisdiction of the newly gazetted and operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Law Courts...
Source-derived case information.
- Citation
- [2022] KEHC 14959 (KLR)
- Parties
- Applicant: Mary Atieno Ochieng; Applicant: Steven Odhiambo Ochieng
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 16 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM P&A E265/2021 transferred to Madiany Law Courts; 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mary Atieno Ochieng
Applicant
Steven Odhiambo Ochieng
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM P&A E265/2021 should be transferred to Madiany Law Courts given the domicile of the parties and subject matter.
Ratio Decidendi
The court determined that since the parties and the subject matter of the succession cause are domiciled within Rarieda, which falls under the jurisdiction of the newly gazetted and operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Law Courts to Madiany Law Courts. This ensures that the matter is heard in the court with proper territorial jurisdiction.
Court Disposition
Bondo PM P&A E265/2021 transferred to Madiany Law Courts; file closed.
Orders
- Bondo PM P&A E265/2021 is transferred to Madiany Law Courts.
- A copy of the ruling and order to be sent to Bondo Law Courts for their records.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Janesse Oindo Ochieng (Deceased) (Succession Cause 16 of 2022) [2022] KEHC 14959 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14959 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 16 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF JANESSE OINDO OCHIENG ALIAS OINDO OCHIENG (DECEASED) AND IN THE MATTER OF MARY ATIENO OCHIENG & STEVEN ODHIAMBO OCHIENG-ADMINISTRATORS
(Originating from Bondo PM P&A E265 of 2021)
Ruling
1. Bondo PM P&A E265/2021 was brought to this court for directions. As the parties and subject matter are domiciled within Rarieda which is within the jurisdiction of the newly gazette and operationalized court at Madiany, I hereby transfer Bondo PM P&A E265/2021 to Madiany Law Courts.
2. The copy of ruling and order to be send to Bondo Law Courts for their records.
3. I so order.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R E ABURILIJUDGE