[2022] KEHC 15129 (KLR)
The court determined that since 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 Bondo PM Succession Cause No. E221/2022 to Madiany Law Courts for hearing and final determination....
Source-derived case information.
- Citation
- [2022] KEHC 15129 (KLR)
- Parties
- Applicant: Vincent Omondi Omollo; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 141 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No. E221/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Omondi Omollo
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No. E221/2022 should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since 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 Bondo PM Succession Cause No. E221/2022 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the court with proper territorial jurisdiction, in accordance with the principles of efficient administration of justice and convenience to the parties.
Court Disposition
Bondo PM Succession Cause No. E221/2022 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. E221/2022 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
14 paragraphs
In re Estate of John Onyango Ogaya (Deceased) (Succession Cause 141 of 2022) [2022] KEHC 15129 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15129 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 141 of 2022
RE Aburili, J
November 11, 2022
IN THE MATTER OF THE ESTATE OF JOHN ONYANGO OGAYA (DECEASED) AND IN THE MATTER OF VINCENT OMONDI OMOLLO-ADMINISTRATOR Originating from Bondo PM P&A E221 of 2022)
Ruling
1. Bondo PM Succession Cause No. E221/2022 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. E221/2022 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, 2022. R.E. ABURILIJUDGE