[2024] KEHC 7943 (KLR)
The court determined that, since the deceased's last place of domicile was West Kadinga, the court with the appropriate 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 7943 (KLR)
- Parties
- Applicant: Mildred Adhiambo; Respondent: Mboth Okonji Obiero (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application 054 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, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mildred Adhiambo
Applicant
Mboth Okonji Obiero (Deceased)
Respondent
Procedural Posture
Family Miscellaneous Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Mboth Okonji Obiero.
- 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 West Kadinga, the court with the appropriate 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.
Court Disposition
Application for transfer granted.
Orders
- The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Mboth Okonji Obiero (Deceased) (Family Miscellaneous Application 054 of 2024) [2024] KEHC 7943 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7943 (KLR)
Republic of Kenya
In the High Court at Kisumu
Family Miscellaneous Application 054 of 2024
MS Shariff, J
June 28, 2024
IN CHAMBERS IN THE MATTER OF MBOTH OKONJI OBIERO (DECEASED)
In the matter of
Mildred Adhiambo
Applicant
Ruling
1. Whereas the deceased one Mboth Okonji Obiero died on 27th December, 2000 and whereas his last place of domicile was West Kadinga and whereas the court with the geographical jurisdiction is Maseno Senior Principal Magistrate’s Court, I do hereby pursuant to the provisions of section 18 of the Civil Procedure Act CAP 21 Laws of Kenya transfer this matter to Maseno SPM court for further hearing and determination.
2. It is hereby so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 28TH DAY OF JUNE, 2024. MWANAISHA S. SHARIFFJUDGE