[2025] KEHC 8019 (KLR)
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa, and the constitutional imperative of access to justice under Article 48, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its...
Source-derived case information.
- Citation
- [2025] KEHC 8019 (KLR)
- Parties
- Applicant: Jacob Noi Gumba; Respondent: Estate of Joyce Mirembe Gumba alias Joyce Mirembe Gumbi (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 249 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Noi Gumba
Applicant
Estate of Joyce Mirembe Gumba alias Joyce Mirembe Gumbi (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have geographical jurisdiction over the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts for hearing and determination.
- 3 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.
Ratio Decidendi
The court found that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa, and the constitutional imperative of access to justice under Article 48, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under section 18 of the Civil Procedure Act to withdraw the file from Maseno and transfer it to Kombewa for hearing and determination, thereby facilitating access to justice for the parties. The file was marked as closed at the High Court, and the parties were directed to appear before the Head of Station at Kombewa Law Courts for further directions.
Court Disposition
Application for transfer of proceedings allowed.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Joyce Mirembe Gumba alias Joyce Mirembe Gumbi (Deceased) (Miscellaneous Succession Application 249 of 2025) [2025] KEHC 8019 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8019 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 249 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF JOYCE MIREMBE GUMBA alias JOYCE MIREMBE GUMBI -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY JACOB NOI GUMBA - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E455 of 2024)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 16/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATEDAND DELIVEREDAT KISUMU THIS 9THDAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE