[2024] KEHC 7949 (KLR)
The court found that since the deceased's last place of domicile was Kombewa, the court with the appropriate geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno SPM...
Source-derived case information.
- Citation
- [2024] KEHC 7949 (KLR)
- Parties
- Applicant: Raphael Oloo Nyariro
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application 066 of 2024
- Procedural Posture
- Family Miscellaneous Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted.
- Judges
- MS Shariff
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Oloo Nyariro
Applicant
Procedural Posture
Family Miscellaneous Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear the matter relating to the estate of John Nyariro.
- 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court found that since the deceased's last place of domicile was Kombewa, the court with the appropriate geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno SPM Court for further hearing and determination.
Court Disposition
Application for transfer granted.
Orders
- The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of John Nyariro (Deceased) (Family Miscellaneous Application 066 of 2024) [2024] KEHC 7949 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7949 (KLR)
Republic of Kenya
In the High Court at Kisumu
Family Miscellaneous Application 066 of 2024
MS Shariff, J
June 28, 2024
IN THE MATTER OF JOHN NYARIRO (DECEASED) IN THE MATTER OF
In the matter of
Raphael Oloo Nyariro
Applicant
Ruling
1. Whereas the deceased one Raphael Oloo Nyariro died on 2nd May, 2016 and whereas his last place of domicile was Kombewa and whereas the court with the geographical jurisdiction is Maseno Senior Principal Magistrate’s Court, I do hereby pursuant to the provisions of Section 18 of the Civil Procedure Act CAP 21 Laws of Kenya transfer this matter to Maseno SPM court for further hearing and determination.
2. It is hereby so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 28THDAY OF JUNE, 2024. MWANAISHA S. SHARIFFJUDGE