[2022] KEHC 14835 (KLR)
The court determined that since Madiany Law Courts have been gazetted and are now fully operationalized, the subject matter of the succession cause falls within their jurisdiction. Accordingly, the Bondo Principal Magistrate's Court no longer has jurisdiction over the matter. To ensure proper administration of...
Source-derived case information.
- Citation
- [2022] KEHC 14835 (KLR)
- Parties
- Applicant: David Opiyo Odongo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 6 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Cause transferred to Madiany Law Courts for hearing and determination.
- 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
David Opiyo Odongo
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Bondo Principal Magistrate's Court has jurisdiction over the succession cause given the operationalization of Madiany Law Courts.
- 2 Whether the succession cause should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since Madiany Law Courts have been gazetted and are now fully operationalized, the subject matter of the succession cause falls within their jurisdiction. Accordingly, the Bondo Principal Magistrate's Court no longer has jurisdiction over the matter. To ensure proper administration of justice and compliance with jurisdictional requirements, the court ordered the transfer of the entire succession cause to Madiany Law Courts for hearing and final determination. The court also directed that the original file, together with the ruling and order, be transmitted to Madiany Law Courts, and a copy of the order be sent to Bondo Law Courts for their records. The dates...
Court Disposition
Cause transferred to Madiany Law Courts for hearing and determination.
Orders
- The entire Bondo PM P&A No. E004/2021 is transferred to Madiany Law Court for hearing and final determination.
- The dates fixed shall remain the same for the receiving court to give appropriate directions.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Odongo Omboke (Deceased) (Succession Cause 6 of 2022) [2022] KEHC 14835 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14835 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 6 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF ODONGO OMBOKE (DECEASED) AND IN THE MATTER OF DAVID OPIYO ODONGO- ADMINISTRATOR (Originating from Bondo PM P&A E004 OF 2021)
(Originating from Bondo PM P&A E004 OF 2021)
Ruling
1. This P&A Cause No. Bondo Succession Cause No. E004/2021 was filed before Bondo PM’s court but the subject matter is within the jurisdiction of Madiany Law Courts which was gazetted and now fully operationalized.
2. I hereby order that the entire Bondo PM P&A No. E004/2021 is hereby transferred to Madiany Law Court for hearing and final determination.
3. The dates fixed shall remain the same for receiving court to give appropriate directions.
4. The original file plus this Ruling and order to be transmitted to Madiany Law Courts. The copy of order and to be send to Bondo Law Courts for their records.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE