[2025] KEHC 7701 (KLR)

[2025] KEHC 7701 (KLR)

The High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was appropriate. The decision was guided by the need to ensure that the matter is heard in the court with proper geographical...

Source-derived case information.

Citation
[2025] KEHC 7701 (KLR)
Parties
Applicant: Samuel Oguk Suji; Respondent: Jopheth Suji Ombok (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Application 210 of 2025
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer of proceedings granted.
Judges
A Mabeya
Legal Topics
Transfer of Proceedings, Jurisdiction of Magistrates Courts, Access to Justice
Source Language
en
Civil Procedure Transfer of Proceedings Jurisdiction of Magistrates Courts Access to Justice

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Parties

Samuel Oguk Suji

Applicant

Jopheth Suji Ombok (Deceased)

Respondent

Procedural Posture

Miscellaneous Succession Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts.
  2. 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.

Ratio Decidendi

The High Court, exercising its powers under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was appropriate. The decision was guided by the need to ensure that the matter is heard in the court with proper geographical jurisdiction and to promote access to justice as mandated by Article 48 of the Constitution. The Court found that Kombewa Law Courts was the suitable forum for the hearing and determination of the matter, and accordingly ordered the transfer of the file. The Court also directed that the parties be notified and set a mention date for further directions before the Head of Station at...

Court Disposition

Application for transfer of proceedings granted.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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.