[2022] KEHC 14786 (KLR)
The court determined that since the subject matter of the succession cause originates from the jurisdiction of the Madiany Law Courts, and given that the court is now fully operationalized, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to...
Source-derived case information.
- Citation
- [2022] KEHC 14786 (KLR)
- Parties
- Applicant: Jenifa Otiede Suku
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 44 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 the High Court is closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jenifa Otiede Suku
Applicant
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.
Ratio Decidendi
The court determined that since the subject matter of the succession cause originates from the jurisdiction of the Madiany Law Courts, and given that the court is now fully operationalized, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the court with proper territorial jurisdiction.
Court Disposition
The succession cause is transferred to Madiany Law Courts for hearing and final determination. The file at the High Court is closed.
Orders
- Bondo PM P&A No E130 of 2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Josephat Suku alias Josphat Suku Hore (Deceased) (Succession Cause 44 of 2022) [2022] KEHC 14786 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14786 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 44 of 2022
RE Aburili, J
November 2, 2022
IN THE MATTER OF THE ESTATE OF JOSEPHAT SUKU ALIAS JOSPHAT SUKU HORE (DECEASED) AND IN THE MATTER OF JENIFA OTIENDE SUKU -ADMINISTRATIX
(Originating from Bondo PM Succession Cause No. E 130 of 2022)
Ruling
1. Bondo PM P&A E130 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 E130 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