[2022] KEHC 14944 (KLR)
The court determined that since the subject matter of the succession cause originates from the jurisdiction of the now fully operational Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM P&A No E175 of 2022 to the Madiany Law Courts for hearing and final determination. This...
Source-derived case information.
- Citation
- [2022] KEHC 14944 (KLR)
- Parties
- Applicant: Miriam Abuoro; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 40 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The succession cause is transferred to Madiany Law Courts for hearing and final determination. The file at Siaya is closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miriam Abuoro
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the Madiany Law Courts for hearing and determination.
- 2 Whether the Bondo PM P&A E175 of 2022 falls within the jurisdiction of the Madiany Law Courts.
Ratio Decidendi
The court determined that since the subject matter of the succession cause originates from the jurisdiction of the now fully operational Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM P&A No E175 of 2022 to the Madiany Law Courts for hearing and final determination. This ensures that the matter is heard by the court with the correct territorial jurisdiction, following the operationalization of the new court. The court also directed the transmission of the original file and copies of the ruling and order to the relevant courts for record-keeping and notification of parties.
Court Disposition
The succession cause is transferred to Madiany Law Courts for hearing and final determination. The file at Siaya is closed.
Orders
- Bondo PM P&A No E175 of 2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file and copies of this order and ruling to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Joseph Abuoro Radonji alias Abworo Radonji (Deceased) (Succession Cause 40 of 2022) [2022] KEHC 14944 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14944 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 40 of 2022
RE Aburili, J
November 2, 2022
IN THE MATTER OF THE ESTATE OF JOSEPH ABUORO RADONJI ALIAS ABWORO RADONJI ( DECEASED) AND IN THE MATTER OF MIRIAM ABUORO-ADMINISTRATIX (Originating from Bondo PM Succession Cause No. E175 of 2022)
Ruling
1. Bondo PM P&A E175 of 2022 was submitted to this court for directions.
2. As the subject matter of the succession cause originates from the jurisdiction of the gazetted and now fully operationalized Madiany Law Courts. I hereby transfer Bondo PM P&A No E175 of 2022 to Madiany Law Courts for hearing and final determination.
3. The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.
4. The copies of ruling and order to be submitted to Bondo PM’s court for their records and notification of parties.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022R E ABURILIJUDGE