[2025] KEHC 7309 (KLR)
The High Court, exercising its jurisdiction 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 necessary to ensure that the matter is heard in the court with proper geographical jurisdiction. The court further considered...
Source-derived case information.
- Citation
- [2025] KEHC 7309 (KLR)
- Parties
- Applicant: Ogara Jagongo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 77 of 2025
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- file transferred to Kombewa Law Courts; file marked as closed
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ogara Jagongo (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer promotes access to justice as required by Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its jurisdiction 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 necessary to ensure that the matter is heard in the court with proper geographical jurisdiction. The court further considered the constitutional imperative of access to justice under Article 48, finding that the transfer would facilitate easier access for the parties. Accordingly, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
Court Disposition
file transferred to Kombewa Law Courts; file marked as closed
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties to be notified of the transfer.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Ogara Jagongo (Deceased) (Miscellaneous Succession Cause 77 of 2025) [2025] KEHC 7309 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7309 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 77 of 2025
A Mabeya, J
June 3, 2025
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 9/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE