[2022] KEHC 14958 (KLR)

[2022] KEHC 14958 (KLR)

The court determined that, since the subject matter of the succession cause falls within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice and administrative efficiency to transfer the proceedings from Bondo Law Courts to Madiany Law Courts for...

Source-derived case information.

Citation
[2022] KEHC 14958 (KLR)
Parties
Applicant: John Wasamba Onyango; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 12 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
The succession cause is transferred to Madiany Law Courts for hearing and final determination. File closed.
Judges
RE Aburili
Legal Topics
Succession Proceedings, Transfer of Suit, Jurisdiction, Probate and Administration
Source Language
en
Family and Children Succession Proceedings Transfer of Suit Jurisdiction Probate and Administration

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Parties

John Wasamba Onyango

Applicant

__MISSING__

Respondent

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the succession cause should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination.

Ratio Decidendi

The court determined that, since the subject matter of the succession cause falls within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice and administrative efficiency to transfer the proceedings from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is handled by the court with the correct territorial jurisdiction, following the gazettement and operationalization of the new court.

Court Disposition

The succession cause is transferred to Madiany Law Courts for hearing and final determination. File closed.

Orders

  • Bondo P&A E187/2021 is transferred to Madiany Law Courts for hearing and final determination.
  • The original file and a copy of this ruling and order shall be transmitted to Madiany Law Courts.