[2022] KEHC 15248 (KLR)
The court determined that since both the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer Bondo PM Succession Cause No E066/2022 to Madiany Law Courts for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 15248 (KLR)
- Parties
- Applicant: Maurice Okinda Opiyo alias Okinda Opiyo (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 103 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No E066/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Okinda Opiyo alias Okinda Opiyo (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No E066/2022 should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since both the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer Bondo PM Succession Cause No E066/2022 to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the correct forum, in accordance with the principles of territorial jurisdiction and efficient administration of justice.
Court Disposition
Bondo PM Succession Cause No E066/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
Orders
- Bondo PM Succession Cause No E066/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file and copies of this ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Maurice Okinda Opiyo alias Okinda Opiyo (Deceased) (Succession Cause 103 of 2022) [2022] KEHC 15248 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15248 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 103 of 2022
RE Aburili, J
November 11, 2022
(Originating from Bondo PM P&A E066 of 2022)
Ruling
1. Bondo PM Succession Cause No E066/2022 was availed to this court for directions.
2. As the parties and the subject matter are domiciled within the jurisdiction of the gazetted newly operationalized Madiany Law Courts, I hereby transfer Bondo PM Succession Cause No E066/2022 to Madiany Law Courts for hearing and final determination.
3. The original file from Bondo together with copies of this ruling and order shall be transmitted to Madiany Law Courts while copies of ruling and order shall be send to Bondo Law Courts for their records and notification of the parties.
4. I so order. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11THDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE