[2024] KEHC 7946 (KLR)
The court determined that since the deceased's last place of domicile was Upper Kombewa, 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...
Source-derived case information.
- Citation
- [2024] KEHC 7946 (KLR)
- Parties
- Applicant: Michael Ongoro Bunde
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application 061 of 2024
- Procedural Posture
- Family Miscellaneous Application / Ruling on Transfer of Proceedings
- Outcome
- Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
- 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
Michael Ongoro Bunde
Applicant
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 the deceased.
- 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 Upper Kombewa, 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 appropriate forum as required by law.
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 Ongoro Bunde (Deceased) (Family Miscellaneous Application 061 of 2024) [2024] KEHC 7946 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7946 (KLR)
Republic of Kenya
In the High Court at Kisumu
Family Miscellaneous Application 061 of 2024
MS Shariff, J
June 28, 2024
In the matter of
Michael Ongoro Bunde
Applicant
Ruling
28. 6.2024Coram: Before Lady Justice M. S. Shariff (In Chambers)
Court: Ruling 1. Whereas the deceased one Richard Bonde Nyanyonge died on 17th September, 2020 and whereas his last place of domicile was Upper Kombewa 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. SHARIFFJUDGE2 | Page