[2022] KEHC 15207 (KLR)
The court found that since 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 in the interests of justice to transfer Bondo PM Succession Cause No 568/2021 to Madiany Law Courts for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 15207 (KLR)
- Parties
- Applicant: Mary Omusi Nyagar; Applicant: Claris Amuom Nyagar
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 126 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No 568/2021 is transferred to Madiany Law Courts for hearing and final determination. The file at Siaya is closed.
- 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
Mary Omusi Nyagar
Applicant
Claris Amuom Nyagar
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No 568/2021 should be transferred to the Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court found that since 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 in the interests of justice to transfer Bondo PM Succession Cause No 568/2021 to Madiany Law Courts for hearing and final determination. The transfer ensures the matter is heard in the court with proper jurisdiction, and the original file, together with copies of the ruling and order, should be transmitted accordingly.
Court Disposition
Bondo PM Succession Cause No 568/2021 is transferred to Madiany Law Courts for hearing and final determination. The file at Siaya is closed.
Orders
- Bondo PM Succession Cause No 568/2021 is transferred to Madiany Law Courts for hearing and final determination.
- The original file from Bondo together with copies of this ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Musa Ayot Alago alias Apollo Musa (Deceased) (Succession Cause 126 of 2022) [2022] KEHC 15207 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15207 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 126 of 2022
RE Aburili, J
November 11, 2022
IN THE MATTER OF THE ESTATE OF MUSA AYOT ALAGO ALIAS APOLLO MUSA (DECEASED) AND IN THE MATTER OF MARY OMUSI NYAGAR & CLARIS AMUOM NYAGAR -ADMINISTRATICES
(Originating from Bondo PM P&A 568 of 2021)
Ruling
1. Bondo PM Succession Cause No 568/2021 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 568/2021 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 11TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE