[2022] KEHC 14943 (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 interest of justice to transfer the proceedings from Bondo PM's Court to Madiany Law Courts for hearing and final determination....
Source-derived case information.
- Citation
- [2022] KEHC 14943 (KLR)
- Parties
- Applicant: Irene Achieng Ngesa
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 38 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession Cause transferred to Madiany Law Courts; Bondo file and orders to be transmitted; file at Siaya 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
Irene Achieng Ngesa
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Succession Cause should be transferred from Bondo PM's Court to 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 now fully operational Madiany Law Courts, it is appropriate and in the interest of justice to transfer the proceedings from Bondo PM's Court to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is handled by the court with territorial and subject-matter jurisdiction, following the operationalization of the new court.
Court Disposition
Succession Cause transferred to Madiany Law Courts; Bondo file and orders to be transmitted; file at Siaya closed.
Orders
- Bondo PM P&A No. E208 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
15 paragraphs
In re Estate of Joshua Onyango Ongoro (Deceased) (Succession Cause 38 of 2022) [2022] KEHC 14943 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14943 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 38 of 2022
RE Aburili, J
November 2, 2022
IN THE MATTER OF THE ESTATE OF JOSHUA ONYANGO ONGORO ( DECEASED) AND IN THE MATTER OF IRENE ACHIENG NGESA-ADMINISTRATIX (Originating from Bondo PM Succession Cause No.E208 of 2022)
Ruling
1. Bondo PM P&A E208 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. E208 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