[2025] KEHC 7882 (KLR)
The court determined that, in the interests of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be transferred from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its jurisdiction under section 18 of the Civil Procedure Act to...
Source-derived case information.
- Citation
- [2025] KEHC 7882 (KLR)
- Parties
- Applicant: Joseph Nyanya Abili
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 185 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Nyanya Abili
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have the appropriate geographical jurisdiction to hear the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court determined that, in the interests of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be transferred from Maseno Law Courts to Kombewa Law Courts. The High Court exercised its jurisdiction under section 18 of the Civil Procedure Act to facilitate the hearing and determination of the matter in the court with proper geographical jurisdiction, thereby promoting efficient and accessible justice for the parties.
Court Disposition
Application for transfer granted; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
20 paragraphs
In re Estate of Jecton Adhola Abili alias Adhola Abili (Deceased) (Miscellaneous Succession Application 185 of 2025) [2025] KEHC 7882 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7882 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 185 of 2025
A Mabeya, J
June 5, 2025
IN THE MATTER OF THE ESTATE OF JECTON ADHOLA ABILI alias ADHOLA ABILI -(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY JOSEPH NYANYA ABILI
In the matter of
Joseph Nyanya Abili
Applicant
(rom Original Maseno Senior Principal Magistrate Succession Cause No. E054 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 12/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 5TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE