[2022] KEHC 14020 (KLR)
The court found that there was no reason for the appeal to have been filed in the Kisumu High Court since the Bondo Principal Magistrate's Court falls within the jurisdiction of the Siaya High Court. Accordingly, the court exercised its power to transfer the appeal to the Siaya High Court for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 14020 (KLR)
- Parties
- Appellant: Joshua Allan Opolo; Appellant: Samuel Otieno Ayot; Respondent: Mary Nyagar; Respondent: Cariss Nyagar
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Appeal 6 of 2021
- Procedural Posture
- Succession Appeal / Ruling on Transfer of Appeal
- Outcome
- Appeal transferred to Siaya High Court for hearing and determination.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Allan Opolo
Appellant
Samuel Otieno Ayot
Appellant
Mary Nyagar
Respondent
Cariss Nyagar
Respondent
Procedural Posture
Succession Appeal / Ruling on Transfer of Appeal
Legal Issues
- 1 Whether the Kisumu High Court has jurisdiction to hear the appeal from Bondo Principal Magistrate's Court.
- 2 Whether the appeal should be transferred to the Siaya High Court for hearing and determination.
Ratio Decidendi
The court found that there was no reason for the appeal to have been filed in the Kisumu High Court since the Bondo Principal Magistrate's Court falls within the jurisdiction of the Siaya High Court. Accordingly, the court exercised its power to transfer the appeal to the Siaya High Court for hearing and final determination, ensuring that the matter is heard in the proper forum as required by law.
Court Disposition
Appeal transferred to Siaya High Court for hearing and determination.
Orders
- The appeal is transferred from Kisumu High Court to Siaya High Court for hearing and final determination.
- The deputy registrar, Siaya High Court, to call for the trial court record for purposes of admitting the appeal once registered in Siaya High Court.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of Japheth Opolo Ayot alias Appolo Musa (Deceased) (Succession Appeal 6 of 2021) [2022] KEHC 14020 (KLR) (19 September 2022) (Ruling)
Neutral citation: [2022] KEHC 14020 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Appeal 6 of 2021
RE Aburili, J
September 19, 2022
Between
Joshua Allan Opolo
1st Appellant
Samuel Otieno Ayot
2nd Appellant
and
Mary Nyagar
1st Respondent
Cariss Nyagar
2nd Respondent
(Being an appeal from the judgment/decree of Hon. J. P. Nandi Principal Magistrate in Bondo delivered on the 9th June 2021 in Bondo Succession Cause No 250 of 2020)
Ruling
1. The appeal arises from Bondo PM CC No 250 of 2020.
2. There is no reason why the appeal was filed in Kisumu High Court when Bondo principal magistrate’s court is within the jurisdiction of Siaya High Court.
3. I hereby order for transfer of this appeal from Kisumu High Court to Siaya High Court for hearing and final determination.
4. The deputy registrar, Siaya High Court to thereafter call for the trial court record for purposes of admitting the appeal once registered in Siaya High Court.
5. Parties to be notified by the court.
6. File closed.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF SEPTEMBER 2022R. E. ABURILIJUDGE