[2024] KEHC 7913 (KLR)
The court determined that since the deceased's last place of domicile was West Reru, the court with the appropriate geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno...
Source-derived case information.
- Citation
- [2024] KEHC 7913 (KLR)
- Parties
- Applicant: Abisalum Apondo; Applicant: Dorcus Anyango Owuor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 065 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Proceedings
- Outcome
- Matter transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.
- Judges
- MS Shariff
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abisalum Apondo
Applicant
Dorcus Anyango Owuor
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Juma Opondo Opinya.
- 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court determined that since the deceased's last place of domicile was West Reru, the court with the appropriate geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno SPM Court for further hearing and determination.
Court Disposition
Matter transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.
Orders
- The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Juma Opondo Opinya (Deceased) (Miscellaneous Case 065 of 2024) [2024] KEHC 7913 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7913 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case 065 of 2024
MS Shariff, J
June 28, 2024
IN THE MATTER OF JUMA OPONDO OPINYA (DECEASED)
In the matter of
Abisalum Apondo
1st Applicant
Dorcus Anyango Owuor
2nd Applicant
Ruling
1. Whereas the deceased one Juma Opondo Opinya died on 22nd August, 1979 and whereas his last place of domicile was West Reru and whereas the court with the geographical jurisdiction is Maseno Senior Principal Magistrate’s Court, I do hereby pursuant to the provisions of Section 18 of the Civil Procedure Act cap 21 Laws of Kenya transfer this matter to Maseno SPM court for further hearing and determination.
2. It is hereby so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 28THDAY OF JUNE, 2024. MWANAISHA S. SHARIFFJUDGE