[2024] KEHC 14358 (KLR)

[2024] KEHC 14358 (KLR)

The court found that since the deceased, Oguma Adiyo, was domiciled in S.W. Kisumu location, which is within the jurisdiction of Maseno Law Courts, it was appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E341 of 2024 to Maseno Law Courts for hearing and...

Source-derived case information.

Citation
[2024] KEHC 14358 (KLR)
Parties
Applicant: Joseph Moi Oguma; Applicant: Millicent Akinyi Oguma
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause 253 of 2024
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Outcome
Application for transfer allowed; file transferred to Maseno Law Courts; High Court file closed.
Judges
RE Aburili
Legal Topics
Succession, Transfer of Proceedings, Jurisdiction of Court
Source Language
en
Family and Children Succession Transfer of Proceedings Jurisdiction of Court

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Parties

Joseph Moi Oguma

Applicant

Millicent Akinyi Oguma

Applicant

Procedural Posture

Miscellaneous Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the Kisumu Chief Magistrate Succession Cause No. E341 of 2024 should be transferred to Maseno Law Courts for hearing and determination.
  2. 2 Whether the High Court at Kisumu has jurisdiction to order such transfer.

Ratio Decidendi

The court found that since the deceased, Oguma Adiyo, was domiciled in S.W. Kisumu location, which is within the jurisdiction of Maseno Law Courts, it was appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E341 of 2024 to Maseno Law Courts for hearing and determination. The High Court exercised its supervisory jurisdiction to ensure that the matter is heard by the court with proper territorial jurisdiction. The original file is to be submitted to Maseno Law Courts, and the parties are to be notified to move the court accordingly. The High Court at Kisumu then closed its file on the matter.

Court Disposition

Application for transfer allowed; file transferred to Maseno Law Courts; High Court file closed.

Orders

  • Kisumu Chief Magistrate Succession Cause No. E341 of 2024 is transferred to Maseno Law Courts for hearing and determination.
  • The original Kisumu CM Succession Cause No. E341 of 2024 file to be submitted to Maseno Law Courts.