[2022] KEHC 15193 (KLR)

[2022] KEHC 15193 (KLR)

The court determined that since both the parties and the subject matter of Bondo PM Succession Cause No 17/2022 are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the matter to that court for hearing and final...

Source-derived case information.

Citation
[2022] KEHC 15193 (KLR)
Parties
Applicant: Okwiri Opondo (Deceased)
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 92 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
Bondo PM Succession Cause No 17/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
Judges
RE Aburili
Legal Topics
Succession Proceedings, Transfer of Cause, Jurisdiction, Probate and Administration
Source Language
en
Family and Children Succession Proceedings Transfer of Cause Jurisdiction Probate and Administration

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Parties

Okwiri Opondo (Deceased)

Applicant

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether Bondo PM Succession Cause No 17/2022 should be transferred to Madiany Law Courts for hearing and determination.
  2. 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 of Bondo PM Succession Cause No 17/2022 are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the matter to that court for hearing and final determination. The transfer ensures that the proceedings are conducted in the proper forum, aligning with the principles of jurisdiction and efficient administration of justice.

Court Disposition

Bondo PM Succession Cause No 17/2022 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 17/2022 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.