[2024] KEHC 7891 (KLR)

[2024] KEHC 7891 (KLR)

The court found that since the deceased's last place of domicile was Daraja Mbili and the court with geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court, it is proper and in accordance with Section 18 of the Civil Procedure Act to transfer the matter to that court for further hearing and...

Source-derived case information.

Citation
[2024] KEHC 7891 (KLR)
Parties
Applicant: Mary Atieno Jones
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Case 050 of 2024
Procedural Posture
Miscellaneous Case / Ruling on Transfer of Suit
Outcome
Matter transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.
Judges
MS Shariff
Legal Topics
Transfer of Suit, Jurisdiction, Estate Matters
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Estate Matters

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mary Atieno Jones

Applicant

Procedural Posture

Miscellaneous Case / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Johnes Ogeyo.
  2. 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court as the court with geographical jurisdiction.

Ratio Decidendi

The court found that since the deceased's last place of domicile was Daraja Mbili and the court with geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court, it is proper and in accordance with Section 18 of the Civil Procedure Act to transfer the matter to that court for further hearing and determination. The High Court at Kisumu therefore ordered the transfer of the case to the Maseno SPM court.

Court Disposition

Matter transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.

Orders

  • The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.