[2024] KEHC 7952 (KLR)

[2024] KEHC 7952 (KLR)

The court determined that since the deceased's last place of domicile was East Kanyadwera, the court with the proper 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...

Source-derived case information.

Citation
[2024] KEHC 7952 (KLR)
Parties
Applicant: Teresa Auma Akwa; Respondent: Lukah Akwa Gumba (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Family Miscellaneous Application 071 of 2024
Procedural Posture
Family Miscellaneous Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer granted.
Judges
MS Shariff
Legal Topics
Transfer of Proceedings, Jurisdiction of Courts, Probate and Administration
Source Language
en
Civil Procedure Family and Children Transfer of Proceedings Jurisdiction of Courts Probate and Administration

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Parties

Teresa Auma Akwa

Applicant

Lukah Akwa Gumba (Deceased)

Respondent

Procedural Posture

Family Miscellaneous Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Lukah Akwa Gumba.
  2. 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 East Kanyadwera, the court with the proper 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. The transfer ensures that the matter is heard in the correct forum as required by law.

Court Disposition

Application for transfer granted.

Orders

  • The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.