[2025] KEHC 7793 (KLR)
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, found that the Kombewa Law Courts were the appropriate forum for hearing and determining the succession cause, given the geographical jurisdiction and the need to facilitate access to justice as mandated by Article 48 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7793 (KLR)
- Parties
- Applicant: Ayub Otieno Jawuor Madaraa; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 130 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrate Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ayub Otieno Jawuor Madaraa
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court, exercising its discretion under section 18 of the Civil Procedure Act, found that the Kombewa Law Courts were the appropriate forum for hearing and determining the succession cause, given the geographical jurisdiction and the need to facilitate access to justice as mandated by Article 48 of the Constitution. The court therefore ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination.
Court Disposition
Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Manasi Madara Madara alias Manase Mandara Mandara (Deceased) (Miscellaneous Succession Application 130 of 2025) [2025] KEHC 7793 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7793 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 130 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF MANASI MADARA MADARA alias MANASE MANDARA MANDARA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY AYUB OTIENO JAWUOR MADARAA - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E357 of 2024)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 10/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE.