[2022] KEHC 15296 (KLR)
The court determined that since both 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 in the interests of justice to transfer Bondo PM Succession Cause No E274/2022 to Madiany Law Courts for hearing...
Source-derived case information.
- Citation
- [2022] KEHC 15296 (KLR)
- Parties
- Applicant: Okemba Nyatuoro (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 138 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No E274/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okemba Nyatuoro (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No E274/2022 should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since both 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 in the interests of justice to transfer Bondo PM Succession Cause No E274/2022 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard by the court with proper territorial jurisdiction, thereby promoting judicial efficiency and compliance with statutory requirements.
Court Disposition
Bondo PM Succession Cause No E274/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
Orders
- Bondo PM Succession Cause No E274/2022 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
13 paragraphs
In re Estate of Okemba Nyatuoro (Deceased) (Succession Cause 138 of 2022) [2022] KEHC 15296 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15296 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 138 of 2022
RE Aburili, J
November 11, 2022
Ruling
1. Bondo PM Succession Cause No E274/2022 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 E274/2022 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 11TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE