[2022] KEHC 15257 (KLR)
The court determined that since the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo PM Succession Cause No. 297/2020 to Madiany Law...
Source-derived case information.
- Citation
- [2022] KEHC 15257 (KLR)
- Parties
- Applicant: Margate Awuor Oyieng
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 132 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No. 297/2020 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margate Awuor Oyieng
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the newly operationalized Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo PM Succession Cause No. 297/2020 to Madiany Law Courts 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
Bondo PM Succession Cause No. 297/2020 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
Orders
- Bondo PM Succession Cause No. 297/2020 is transferred to Madiany Law Courts for hearing and final determination.
- The original file and copies of the ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Joshua Oyieng Opija (Deceased) (Succession Cause 132 of 2022) [2022] KEHC 15257 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15257 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 132 of 2022
RE Aburili, J
November 11, 2022
IN THE MATTER OF THE ESTATE OF JOSHUA OYIENG OPIJA ALIAS OYIENG OPIJA (DECEASED) AND IN THE MATTER OF MARGATE AWUOR OYIENG-ADMINISTRATIX (Originating from Bondo PM P&A 297 of 2020)
Ruling
1. Bondo PM Succession Cause No. 297/2020 was availed to this Court for directions.
2. As the parties and the subject matter are domiciled within the jurisdiction of the gazetted newly operationalized Madiany Law Courts, I hereby transfer Bondo PM Succession Cause No. 297/2020 to Madiany Law Courts for hearing and final determination.
3. The original file from Bondo together with copies of this Ruling and Order shall be transmitted to Madiany Law Courts while copies of Ruling and Order shall be send to Bondo Law Courts for their records and notification of the parties.
4. I so order. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11THDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE