[2022] KEHC 15279 (KLR)
The court determined that since both the parties and the subject matter 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. 16 of 2022 to Madiany Law Courts for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 15279 (KLR)
- Parties
- Applicant: Okeyo Nyawanda (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 93 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No. 16 of 2022 transferred to Madiany Law Courts; Siaya file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okeyo Nyawanda (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No. 16 of 2022 should be transferred to Madiany Law Courts for hearing and determination.
- 2 Whether the Madiany Law Courts have jurisdiction over the parties and subject matter.
Ratio Decidendi
The court determined that since both the parties and the subject matter 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. 16 of 2022 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the court with proper jurisdiction, and the original file, together with copies of the ruling and order, are to be transmitted accordingly. The file before the High Court at Siaya is closed as a result.
Court Disposition
Bondo PM Succession Cause No. 16 of 2022 transferred to Madiany Law Courts; Siaya file closed.
Orders
- Bondo PM Succession Cause No. 16 of 2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file and copies of this ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Okeyo Nyawanda (Deceased) (Succession Cause 93 of 2022) [2022] KEHC 15279 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15279 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 93 of 2022
RE Aburili, J
November 11, 2022
(Originating from Bondo PM P&A 16 of 2022)
Ruling
1. Bondo PM Succession Cause No. 16/2022 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. 16/2022 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 11THDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE