[2022] KEHC 15648 (KLR)
The court determined that since the parties and subject matter in Bondo PM Succession Cause No 194/2020 are from the jurisdiction of Madiany Law Courts, it is appropriate and just to transfer the matter to that court for determination. The transfer ensures that the matter is heard in the correct forum, in accordance...
Source-derived case information.
- Citation
- [2022] KEHC 15648 (KLR)
- Parties
- Applicant: Peter Nyamwala Sungu (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 144 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer granted; file transferred to Madiany Law Courts.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Jurisdiction of Court, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Nyamwala Sungu (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No 194/2020 should be transferred to Madiany Law Courts for determination.
- 2 Whether the subject matter and parties fall within the jurisdiction of Madiany Law Courts.
Ratio Decidendi
The court determined that since the parties and subject matter in Bondo PM Succession Cause No 194/2020 are from the jurisdiction of Madiany Law Courts, it is appropriate and just to transfer the matter to that court for determination. The transfer ensures that the matter is heard in the correct forum, in accordance with the principles of jurisdiction and proper administration of justice.
Court Disposition
Application for transfer granted; file transferred to Madiany Law Courts.
Orders
- Bondo PM Succession Cause No 194/2020 is transferred to Madiany Law Courts for determination.
- The entire original Bondo file to be transmitted to Madiany with a copy of this ruling.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Late Peter Nyamwala Sungu (Deceased) (Succession Cause 144 of 2022) [2022] KEHC 15648 (KLR) (18 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15648 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 144 of 2022
RE Aburili, J
November 18, 2022
Ruling
1. As parties and the subject matter in Bondo PM Succession Cause No 194/2020 are from the jurisdiction of Madiany Law Courts, Bondo PM P&A 194/2020 be and is hereby transferred to Madiany Law Courts for determination.
2. The entire original Bondo file to be transmitted to Madiany with copy of this ruling. The copy of this ruling be send to Bondo Law Courts for records and notification of parties.
3. The date as fixed for hearing remains January 11, 2023 at Madiany Law Courts.
4. This file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18THDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE