[2025] KEHC 7560 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the Kombewa Law Courts are the appropriate forum for hearing and determining the succession cause, given the geographical considerations and the constitutional imperative of access to justice. The transfer is...
Source-derived case information.
- Citation
- [2025] KEHC 7560 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 95 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction of Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the Kombewa Law Courts are the appropriate forum for hearing and determining the succession cause, given the geographical considerations and the constitutional imperative of access to justice. The transfer is necessary to ensure that parties can conveniently access the court and that the matter is heard in the proper jurisdiction. Accordingly, the file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
Court Disposition
Application for transfer of proceedings allowed.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Jared Aduma Ocholla alias Aduma Ochola (Deceased) (Miscellaneous Succession Application 95 of 2025) [2025] KEHC 7560 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7560 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 95 of 2025
A Mabeya, J
June 3, 2025
(From Original Maseno Senior Principal Magistrate Succession Cause No. E541 of 2024)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 9/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.
It is so ordered.
DATEDAND DELIVEREDAT KISUMU THIS 3RDDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE