[2022] KEHC 15027 (KLR)
The court determined that since the subject matter of the succession cause is domiciled within the jurisdiction of the Madiany Law Courts, and those courts are now established and operational, 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 15027 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 10 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The succession cause is transferred to Madiany Law Courts. The file is closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Succession Matters
- Source Language
- en
Source-derived case record
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 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 is domiciled within the jurisdiction of the Madiany Law Courts, and those courts are now established and operational, 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 determination. The transfer ensures that the matter is heard in the proper forum with territorial jurisdiction over the estate in question.
Court Disposition
The succession cause is transferred to Madiany Law Courts. The file is closed at Siaya High Court.
Orders
- Bondo PM P&A E011/2022 shall be transferred to Madiany Law Courts for hearing and determination.
- The original file and a copy of this ruling and order to be transmitted to Madiany PM's Court.
Full Case Text
Judgment text and source record
12 paragraphs
In re Estate of Joseph Otwol Onyango (Deceased) (Succession Cause 10 of 2022) [2022] KEHC 15027 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15027 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 10 of 2022
RE Aburili, J
November 1, 2022
Ruling
1. Bondo PM P&A E011/2022 was send to this court for directions.
2. As the subject matter is domiciled within the now established and operationalized gazetted Madiany Law Courts.
3. I hereby order that Bondo PM P&A E011/2022 shall be transferred to Madiany Law Courts hearing and determination. The original file plus copy of this Ruling and Order to be transmitted in Madiany PM’s Court. A copy of this Order and Ruling to be send to Bondo PM’s Court for their records. I so order. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022. R.E. ABURILIJUDGE