[2022] KEHC 14961 (KLR)

[2022] KEHC 14961 (KLR)

The court found that since the parties and the subject matter of the succession cause are domiciled in Rarieda, which falls within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the matter from Bondo Principal Magistrate's Court to...

Source-derived case information.

Citation
[2022] KEHC 14961 (KLR)
Parties
Applicant: Helena Akoth Jagero; Applicant: Rose Adhiambo Oyoko
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 21 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
The succession cause is transferred to Madiany Principal Magistrate's Court for hearing and final determination. The file at the High Court is 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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Parties

Helena Akoth Jagero

Applicant

Rose Adhiambo Oyoko

Applicant

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the succession cause should be transferred to the court with territorial jurisdiction over the estate and parties.

Ratio Decidendi

The court found that since the parties and the subject matter of the succession cause are domiciled in Rarieda, which falls within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the matter from Bondo Principal Magistrate's Court to Madiany Principal Magistrate's Court for hearing and final determination. The transfer ensures that the matter is heard in the court with proper territorial jurisdiction, thereby promoting judicial efficiency and convenience for the parties involved.

Court Disposition

The succession cause is transferred to Madiany Principal Magistrate's Court for hearing and final determination. The file at the High Court is closed.

Orders

  • Bondo PM P&A E145/2022 is transferred to Madiany PM's court for hearing and final determination.
  • The original Bondo file plus copies of this ruling and order shall be transmitted to Madiany Law Courts.