[2023] KEHC 57 (KLR)
The court found that the parties are closer to Bondo Law Courts than Madiany Law Courts, and that the Bondo PM's court had already fixed a hearing date for the pending confirmation of grants. In the interests of justice and convenience, the court exercised its discretion to transfer the succession causes back to...
Source-derived case information.
- Citation
- [2023] KEHC 57 (KLR)
- Parties
- Applicant: Julian Evans Okiri Pacho; Respondent: Estate of Late Julius Pacho Otoyi & another (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application E009 of 2023
- Procedural Posture
- Family Miscellaneous Application / Ruling on Application for Transfer of Succession Causes
- Outcome
- Application allowed. Succession causes transferred back to Bondo PM's court. File closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Cause Transfer, Confirmation of Grant, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julian Evans Okiri Pacho
Applicant
Estate of Late Julius Pacho Otoyi & another (Deceased)
Respondent
Procedural Posture
Family Miscellaneous Application / Ruling on Application for Transfer of Succession Causes
Legal Issues
- 1 Whether the succession causes should be transferred from Madiany Law Courts back to Bondo PM's court for hearing and final determination.
- 2 Whether the interests of justice are best served by hearing the matter at Bondo PM's court.
Ratio Decidendi
The court found that the parties are closer to Bondo Law Courts than Madiany Law Courts, and that the Bondo PM's court had already fixed a hearing date for the pending confirmation of grants. In the interests of justice and convenience, the court exercised its discretion to transfer the succession causes back to Bondo PM's court for hearing and final determination. The court concluded that this would best serve the interests of justice and ensure the efficient conclusion of the matters.
Court Disposition
Application allowed. Succession causes transferred back to Bondo PM's court. File closed.
Orders
- Bondo PM Succession Cause Nos E066/2021 and E067/2021 are transferred from Madiany Law Courts back to Bondo PM's court for hearing and final determination.
- The said matters shall proceed as earlier scheduled at Bondo PM's court.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Late Julius Pacho Otoyi & another (Deceased) (Family Miscellaneous Application E009 of 2023) [2023] KEHC 57 (KLR) (16 January 2023) (Ruling)
Neutral citation: [2023] KEHC 57 (KLR)
Republic of Kenya
In the High Court at Siaya
Family Miscellaneous Application E009 of 2023
RE Aburili, J
January 16, 2023
(Originating from Bondo PM Succession Causes Nos. E66/2021 and E067/2021)
Ruling
1. I have perused and considered the applicant’s application dated 16/1/2023 seeking for Transfer of Madiany PM Succession Cause originating from Bondo PM P&A Nos E66 of 2021 and E67 of 2021 to Bondo PM’s court for hearing and final determination.
2. I have considered the grounds in support and the supporting affidavit sworn by Mr. Julian Evans Okiri Pacho and copies of annexed grants issued by Bondo PM’s court on 13/4/2021 in respect of the estate of the late Julius Pacho Otoyi.
3. I observe that the matter was pending confirmation of the grants and that parties are closer to Bondo Law Courts than Madiany Law Courts which is the new court within Rarieda Sub County.
4. I am satisfied that justice will best be served if the matter is heard and concluded at Bondo PM’s court as the court had already fixed a hearing date being 20/1/2023.
5. I hereby allow the application and direct that Bondo PM Succession Cause Nos E066/2021 and E067/2021 which were transferred to Madiany Law Courts by this court and are hereby transferred back to Bondo PM’s court for hearing and final determination and that the said matters proceed as earlier scheduled.
6. I so order.This file is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF JANUARY, 2023R.E. ABURILIJUDGE