[2022] KEHC 15153 (KLR)
The court determined 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 just to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts. This ensures that the...
Source-derived case information.
- Citation
- [2022] KEHC 15153 (KLR)
- Parties
- Applicant: Joanes Okach Nyabundi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 70 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession Cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; file at Siaya High Court closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joanes Okach Nyabundi
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Succession Cause should be transferred to the newly operationalized Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined 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 just to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts. This ensures that the matter is heard in the proper forum, in accordance with the principles of territorial jurisdiction and efficient administration of justice.
Court Disposition
Succession Cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; file at Siaya High Court closed.
Orders
- Bondo PM Succession Cause No E431/2021 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
16 paragraphs
In re Estate of Nyabunde Deya (Deceased) (Succession Cause 70 of 2022) [2022] KEHC 15153 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15153 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 70 of 2022
RE Aburili, J
November 11, 2022
IN THE MATTER OF THE ESTATE OF NYABUNDE DEYA (DECEASED) AND
IN THE MATTER OF JOANES OKACH NYABUNDI-ADMINISTRATOR
(Originating from Bondo PM P&A E431 of 2021)
Ruling
1. Bondo PM Succession Cause No E431/2021 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 E431 /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 11THDAY OF NOVEMBER, 2022RE ABURILIJUDGE