[2024] KEHC 11054 (KLR)
The court found that since the deceased's last place of domicile was Ghiga, the court with the appropriate geographical jurisdiction is the Winam 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 Winam SPM Court...
Source-derived case information.
- Citation
- [2024] KEHC 11054 (KLR)
- Parties
- Applicant: Florence Juma Onam; Applicant: Wangigi Odhiambo John
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Civil Case 213 of 2024
- Procedural Posture
- Family Miscellaneous Civil Case / Ruling on Transfer of Proceedings
- Outcome
- Matter transferred to Winam Senior Principal Magistrate’s Court for hearing and determination.
- Judges
- MS Shariff
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Juma Onam
Applicant
Wangigi Odhiambo John
Applicant
Procedural Posture
Family Miscellaneous Civil Case / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Naftali Onam Wanja alias Naftali Onam Mwanja.
- 2 Whether the matter should be transferred to the Winam Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court found that since the deceased's last place of domicile was Ghiga, the court with the appropriate geographical jurisdiction is the Winam 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 Winam SPM Court for further hearing and determination. The transfer ensures that the matter is heard by the court best placed to determine issues relating to the deceased's estate, in accordance with statutory requirements on jurisdiction.
Court Disposition
Matter transferred to Winam Senior Principal Magistrate’s Court for hearing and determination.
Orders
- The matter is transferred to Winam Senior Principal Magistrate’s Court for further hearing and determination.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Naftali Onam Wanja alias Naftali Onam Mwanja (Deceased) (Family Miscellaneous Civil Case 213 of 2024) [2024] KEHC 11054 (KLR) (16 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11054 (KLR)
Republic of Kenya
In the High Court at Kisumu
Family Miscellaneous Civil Case 213 of 2024
MS Shariff, J
September 16, 2024
IN THE MATTER OF NAFTALI ONAM WANJA alias NAFTALI ONAM MWANJA (DECEASED)
In the matter of
Florence Juma Onam
1st Applicant
Wangigi Odhiambo John
2nd Applicant
Ruling
1. Whereas the deceased one Naftali Onam Wanja Alias Naftali Onam Mwanja died on 24th September, 2011 and whereas his last place of domicile was Ghiga and whereas the court with the geographical jurisdiction is Winam 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 Winam SPM court for further hearing and determination.
2. It is hereby so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 16THDAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE