[2023] KEHC 35 (KLR)
The court determined that since the subject matter of the succession cause is domiciled within the jurisdiction of Madiany Law Courts, and that court is now fully operational, it is appropriate and just to transfer the matter from Bondo PM’s court to Madiany PM’s court for hearing and final determination. The...
Source-derived case information.
- Citation
- [2023] KEHC 35 (KLR)
- Parties
- Applicant: John Ochieng Juma
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application 1 of 2023
- Procedural Posture
- Family Miscellaneous Application / Ruling on Transfer of Succession Cause
- Outcome
- Bondo PM Succession Cause No. E390/2022 is transferred to Madiany PM’s court for hearing and final determination. The original file and copies of the ruling and order are to be sent to Madiany Law Courts and Bondo Law Courts. The present file is closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Cause Transfer, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Ochieng Juma
Applicant
Procedural Posture
Family Miscellaneous Application / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Bondo PM Succession Cause No. E390/2022 should be transferred to Madiany Law Courts due to jurisdictional considerations.
Ratio Decidendi
The court determined that since the subject matter of the succession cause is domiciled within the jurisdiction of Madiany Law Courts, and that court is now fully operational, it is appropriate and just to transfer the matter from Bondo PM’s court to Madiany PM’s court for hearing and final determination. The transfer ensures that the matter is heard in the court with proper territorial jurisdiction, in line with the principles of efficient administration of justice.
Court Disposition
Bondo PM Succession Cause No. E390/2022 is transferred to Madiany PM’s court for hearing and final determination. The original file and copies of the ruling and order are to be sent to Madiany Law Courts and Bondo Law Courts. The present file is closed.
Orders
- Bondo PM Succession Cause No. E390/2022 is transferred to Madiany PM’s court for hearing and final determination.
- The original Bondo file to be submitted to Madiany Law Courts together with copies of this Ruling and order.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Juma Odila (Deceased) (Family Miscellaneous Application 1 of 2023) [2023] KEHC 35 (KLR) (16 January 2023) (Ruling)
Neutral citation: [2023] KEHC 35 (KLR)
Republic of Kenya
In the High Court at Siaya
Family Miscellaneous Application 1 of 2023
RE Aburili, J
January 16, 2023
IN THE MATTER OF THE ESTATE OF LATE JUMA ODILA (DECEASED) AND IN THE MATTER OF JOHN OCHIENG JUMA - ADMINISTRATOR (Originating from Bondo PM Succession Cause No. E390/2022)
Ruling
1. This matter arises from Bondo PM P&A No. E390/2022, and is for transfer to Madiany Law Courts as the subject matter is domiciled within the jurisdiction of Madiany Law Courts which is now fully operationalized.
2. I hereby transfer Bondo PM Succession Cause No. E390/2022 to Madiany PM’s court for hearing and final determination.
3. The original Bondo file to be submitted to Madiany Law Courts together with copies of this Ruling and order which shall also be send to Bondo Law Courts to inform parties and for records.
4. This file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16THDAY OF JANUARY, 2023R.E. ABURILIJUDGE