[2025] KEHC 7592 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the file from Maseno Law Courts to Kombewa Law Courts. The court exercised its powers under section 18 of the Civil...
Source-derived case information.
- Citation
- [2025] KEHC 7592 (KLR)
- Parties
- Applicant: Phelogonah Akeyo Oyungu; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 120 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Suit
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phelogonah Akeyo Oyungu
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear the matter.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the file from Maseno Law Courts to Kombewa Law Courts. The court exercised its powers under section 18 of the Civil Procedure Act to ensure the matter is heard in the proper forum, thereby facilitating access to justice as required by Article 48 of the Constitution.
Court Disposition
Application for transfer allowed; file transferred to Kombewa Law Courts.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of John Oyungu Ojode (Deceased) (Miscellaneous Succession Application 120 of 2025) [2025] KEHC 7592 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7592 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 120 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF JOHN OYUNGU OJODE (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY PHELOGONAH AKEYO OYUNGU - APPLICANT
(From Original Maseno Senior Principal Magistrate Civil Case No. E348 of 2024)
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 10/6/2025 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 4THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE