[2022] KEHC 14827 (KLR)
The court determined that since the subject matter and the parties are domiciled within the jurisdiction of the newly established and operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the succession cause from Bondo Law Courts to Madiany Law Courts for hearing and...
Source-derived case information.
- Citation
- [2022] KEHC 14827 (KLR)
- Parties
- Applicant: John Orwa Akumu (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 25 of 2022
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- succession cause transferred to Madiany Law Courts; file closed at Siaya High Court
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Transfer of Succession Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Orwa Akumu (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether the succession cause should be transferred to the Madiany Law Courts for hearing and determination.
- 2 Whether the Madiany Law Courts have jurisdiction over the subject matter and parties.
Ratio Decidendi
The court determined that since the subject matter and the parties are domiciled within the jurisdiction of the newly established and operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the succession cause from Bondo Law Courts to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the court with proper territorial jurisdiction, in accordance with the Law of Succession Act and judicial policy on transfer of proceedings.
Court Disposition
succession cause transferred to Madiany Law Courts; file closed at Siaya High Court
Orders
- Bondo P&A E334/2021 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file plus copies of the ruling and order to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of John Orwa Akumu (Deceased) (Succession Cause 25 of 2022) [2022] KEHC 14827 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14827 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 25 of 2022
RE Aburili, J
November 1, 2022
Ruling
1. Bondo PM P&A E334/2021 was availed to this court for directions.
2. As the subject matter and the parties are domiciled within the jurisdiction of the gazetted and newly established and operationalized Madiany Law Courts, I hereby transfer Bondo P&A E334/2021 to Madiany Law Courts for hearing and final determination.
3. The original Bondo file plus copies of the Ruling and order to be transmitted to Madiany Law Courts.
4. Copies thereof to be submitted to Bondo Law Courts for their records.
5. I so order.
6. This file hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022. R.E. ABURILIJUDGE