[2022] KEHC 15174 (KLR)
The court determined that since both the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the proceedings from Bondo PM to Madiany Law Courts. This ensures that the matter is heard in...
Source-derived case information.
- Citation
- [2022] KEHC 15174 (KLR)
- Parties
- Applicant: Jason Alando Odongo (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 104 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No. E99/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jason Alando Odongo (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No. E99/2022 should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since both the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the proceedings from Bondo PM to Madiany Law Courts. This ensures that the matter is heard in the correct forum, in accordance with the principles of territorial jurisdiction and efficient administration of justice. The transfer is ordered to facilitate proper hearing and final determination by the court with the appropriate jurisdiction.
Court Disposition
Bondo PM Succession Cause No. E99/2022 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. E99/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file and copies of the ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Jason Alando Odongo (Deceased) (Succession Cause 104 of 2022) [2022] KEHC 15174 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15174 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 104 of 2022
RE Aburili, J
November 11, 2022
Ruling
1. Bondo PM Succession Cause No. E99/2022 was availed to this Court for directions.
2. As the parties and the subject matter are domiciled within the jurisdiction of the gazetted newly operationalized Madiany Law Courts, I hereby transfer Bondo PM Succession Cause No. E99/2022 to Madiany Law Courts for hearing and final determination.
3. The original file from Bondo together with copies of this Ruling and Order shall be transmitted to Madiany Law Courts while copies of Ruling and Order shall be send to Bondo Law Courts for their records and notification of the parties.
4. I so order. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE