[2022] KEHC 14836 (KLR)
The court found that since Madiany Law Courts is now gazetted and fully operational, the succession cause should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination. The court exercised its discretion to ensure the matter is heard in the appropriate forum with jurisdiction.
Source-derived case information.
- Citation
- [2022] KEHC 14836 (KLR)
- Parties
- Applicant: Sulian Evans Okiri Pacho; Applicant: Hillary Ajwala Pacho
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 4 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The succession cause is transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination. The file at Bondo is closed.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sulian Evans Okiri Pacho
Applicant
Hillary Ajwala Pacho
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court found that since Madiany Law Courts is now gazetted and fully operational, the succession cause should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination. The court exercised its discretion to ensure the matter is heard in the appropriate forum with jurisdiction.
Court Disposition
The succession cause is transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination. The file at Bondo is closed.
Orders
- The cause herein is transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination.
- The dates fixed for hearing shall remain the same, that is 20/1/2023.
Full Case Text
Judgment text and source record
12 paragraphs
In re Estate of Julius Pacho Otoyi (Deceased) (Succession Cause 4 of 2022) [2022] KEHC 14836 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14836 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 4 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF JULIUS PACHO OTOYI (DECEASED) AND IN THE MATTER OF SULIAN EVANS OKIRI PACHO & HILLARY AJWALA PACHO-ADMINISTRATORS
Ruling
1. This Probate and Administration matter was filed at Bondo Law Courts. It originates from the jurisdiction of Madiany Law Courts which was gazetted is and now fully operationalized. I hereby order that the cause herein be and is hereby transformed to from Bondo Law Courts to Madiany Law Courts for hearing and determination, the dates fixed for hearing shall remain the same that is 20/1/2023.
2. The original Bondo P&A E66/2021 shall be transmitted to Madiany Law Courts together with copy of this Ruling and order. A copy of the Order shall be send to Bondo Law Court for their records. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1STDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE