[2025] KEHC 7559 (KLR)
The court determined that, in the interest of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard in the court with proper geographical jurisdiction. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the...
Source-derived case information.
- Citation
- [2025] KEHC 7559 (KLR)
- Parties
- Applicant: Zedekia Awandu Nyolo; Respondent: Estate of John Owuoche Mbori alias Owuoch Mbori (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 93 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zedekia Awandu Nyolo
Applicant
Estate of John Owuoche Mbori alias Owuoch Mbori (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court determined that, in the interest of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard in the court with proper geographical jurisdiction. Exercising its powers under section 18 of the Civil Procedure Act, the High Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination. This ensures that the matter is adjudicated in the most appropriate forum, thereby facilitating access to justice for the parties.
Court Disposition
Application for transfer of proceedings allowed.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of John Owuoche Mbori alias Owuoch Mbori (Deceased) (Miscellaneous Succession Application 93 of 2025) [2025] KEHC 7559 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7559 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 93 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF JOHN OWUOCHE MBORI alias OWUOCH MBORI (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ZEDEKIA AWANDU NYOLO [PETITIONER]
(From Original Maseno Senior Principal Magistrate Succession Cause No. E094 of 2025)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 9/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATEDAND DELIVEREDAT KISUMU THIS 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE