[2024] KEHC 7915 (KLR)
The court found that since the deceased's last place of domicile was Kogony, Kisumu, 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 exercised its discretion to transfer the matter to the...
Source-derived case information.
- Citation
- [2024] KEHC 7915 (KLR)
- Parties
- Applicant: Getrude Gombe
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 070 of 2024
- Procedural Posture
- Miscellaneous Case / Ruling on Transfer of Suit
- Outcome
- Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
- Judges
- MS Shariff
- Legal Topics
- Transfer of Suit, Jurisdiction, Venue of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Getrude Gombe
Applicant
Procedural Posture
Miscellaneous Case / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Michael Ondu Otieno.
- 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court found that since the deceased's last place of domicile was Kogony, Kisumu, 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 exercised its discretion to transfer the matter to the Maseno SPM Court for further hearing and determination, ensuring that the matter is heard in the correct forum.
Court Disposition
Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
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 Michael Ondu Otieno (Deceased) (Miscellaneous Case 070 of 2024) [2024] KEHC 7915 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7915 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case 070 of 2024
MS Shariff, J
June 28, 2024
IN THE MATTER OF MICHAEL ONDU OTIENO (DECEASED)
In the matter of
Getrude Gombe
Applicant
Ruling
1. Whereas the deceased one Michael Ondu Otieno died on 19th January, 2002 and whereas his last place of domicile was Kogony, Kisumu 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