[2022] KEHC 14956 (KLR)

[2022] KEHC 14956 (KLR)

The court determined that since the subject matter of the succession cause is domiciled within the jurisdiction of the Madiany law courts, which are now gazetted and fully operational, it is appropriate and in accordance with the law to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany law...

Source-derived case information.

Citation
[2022] KEHC 14956 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 9 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
Succession cause transferred to Madiany law courts; original file and ruling to be transmitted; file at High Court closed.
Judges
RE Aburili
Legal Topics
Succession Proceedings, Transfer of Suit, Jurisdiction, Probate and Administration
Source Language
en
Family and Children Succession Proceedings Transfer of Suit Jurisdiction Probate and Administration

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Summary, issues, holding and outcome

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Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the succession cause should be transferred to the Madiany law courts for hearing and determination.
  2. 2 Whether the Madiany law courts have jurisdiction over the subject matter.

Ratio Decidendi

The court determined that since the subject matter of the succession cause is domiciled within the jurisdiction of the Madiany law courts, which are now gazetted and fully operational, it is appropriate and in accordance with the law 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 and operational capacity.

Court Disposition

Succession cause transferred to Madiany law courts; original file and ruling to be transmitted; file at High Court closed.

Orders

  • Bondo P&A E012/2022 is transferred to Madiany law courts for hearing and final determination.
  • The original file together with this ruling and order shall be transmitted to Madiany Principal Magistrate's court.