[2022] KEHC 15028 (KLR)
The court determined that since the subject matter and parties are from Naya-Rarieda, which falls within the jurisdiction of the newly gazetted and operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the succession cause from Bondo Principal Magistrate's Court to Madiany...
Source-derived case information.
- Citation
- [2022] KEHC 15028 (KLR)
- Parties
- Applicant: Plister Akinyi Onjiko
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 22 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; file at High Court closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Plister Akinyi Onjiko
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the subject matter and parties are from Naya-Rarieda, which falls within the jurisdiction of the newly gazetted and operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the succession cause from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the court with proper territorial jurisdiction, facilitating convenience and compliance with the law.
Court Disposition
Succession cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; file at High Court closed.
Orders
- Bondo PM P&A E151/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file and copies of this ruling and order to be transmitted to Madiany PM’s Court.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Johnes Onjiko Okumu alias Onjiko Okumu (Deceased) (Succession Cause 22 of 2022) [2022] KEHC 15028 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15028 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 22 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF JOHNES ONJIKO OKUMU ALIAS ONJIKO OKUMU (DECEASED) AND IN THE MATTER OF PLISTER AKINYI ONJIKO - ADMINISTRATIX (Originating from Bondo PM P&A E151 OF 2022)
Ruling
1. Original Bondo PM P&A E151/2022 was availed to this court for directions.
2. As the subject matter and the parties originate from Naya-Rarieda which is within the newly gazetted and operationalized Madiany Law Courts, I hereby transfer Bondo PM P&A E151/2022 to Madiany Law Courts for hearing and final determination.
3. The Original Bondo file plus copies of this Ruling and order to be transmitted to Madiany PM’s Court.
4. A copy of the Ruling and order to be submitted to Bondo PM’s court for their records.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE