[2025] KEHC 7293 (KLR)

[2025] KEHC 7293 (KLR)

The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was appropriate. The Court considered the geographical jurisdiction of both courts and the constitutional imperative to facilitate...

Source-derived case information.

Citation
[2025] KEHC 7293 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause 65 of 2025
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Outcome
Application for transfer allowed; file transferred to Kombewa Law Courts.
Judges
A Mabeya
Legal Topics
Transfer of Proceedings, Jurisdiction of Courts, Access to Justice
Source Language
en
Civil Procedure Transfer of Proceedings Jurisdiction of Courts Access to Justice

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Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Miscellaneous Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts.
  2. 2 Whether the transfer promotes access to justice as required by Article 48 of the Constitution.

Ratio Decidendi

The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was appropriate. The Court considered the geographical jurisdiction of both courts and the constitutional imperative to facilitate access to justice under Article 48 of the Constitution. The transfer was ordered to ensure that the matter is heard in the most convenient and accessible forum for the parties, thereby upholding the right to access justice.

Court Disposition

Application for transfer allowed; file transferred to Kombewa Law Courts.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • Parties to be notified of the transfer.