[2022] KEHC 15140 (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. 63/2022 to Madiany Law Courts for hearing...
Source-derived case information.
- Citation
- [2022] KEHC 15140 (KLR)
- Parties
- Applicant: Risper Aduol Olang’; Applicant: Fredrick Willis Ochieng
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 96 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No. 63/2022 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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Risper Aduol Olang’
Applicant
Fredrick Willis Ochieng
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No. 63/2022 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 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. 63/2022 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the court with proper territorial jurisdiction, thereby promoting judicial efficiency and convenience for the parties involved.
Court Disposition
Bondo PM Succession Cause No. 63/2022 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. 63/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file and copies of the ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Olang’ Ochieng (Deceased) (Succession Cause 96 of 2022) [2022] KEHC 15140 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15140 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 96 of 2022
RE Aburili, J
November 11, 2022
IN THE MATTER OF THE ESTATE OF OLANG’ OCHIENG ALIAS AMBROSE OLANG’ OCHIENG (DECEASED) AND IN THE MATTER OF RISPER ADUOL OLANG’ & FREDRICK WILLIS OCHIENG-ADMINISTRATIX &ADMINISTRATOR (Originating from Bondo PM P&A 63 of 2022)
Ruling
1. Bondo PM Succession Cause No. 63/2022 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. 63/2022 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, 2022. R.E. ABURILIJUDGE