[2022] KEHC 14834 (KLR)
The court determined that, since the subject matter of the succession cause falls within the jurisdiction of the newly established and fully operational Madiany Principal Magistrate's Court, it is appropriate to transfer the proceedings from Bondo PM's Court to Madiany Law Courts for hearing and final determination....
Source-derived case information.
- Citation
- [2022] KEHC 14834 (KLR)
- Parties
- Applicant: Turphosa Anyango Ogola; Applicant: Joash Omenda Ogola
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 11 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The succession cause is transferred to Madiany Law Courts for hearing and final determination. The original file and copies of the order and ruling are to be transmitted to Madiany PM's Court. The file at the High Court is closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Turphosa Anyango Ogola
Applicant
Joash Omenda Ogola
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred from Bondo PM's Court to Madiany PM's Court for hearing and determination.
Ratio Decidendi
The court determined that, since the subject matter of the succession cause falls within the jurisdiction of the newly established and fully operational Madiany Principal Magistrate's Court, it is appropriate to transfer the proceedings from Bondo PM's Court to Madiany Law Courts for hearing and final determination. This ensures that the matter is handled by the court with the proper territorial and subject-matter jurisdiction, in line with judicial administrative efficiency.
Court Disposition
The succession cause is transferred to Madiany Law Courts for hearing and final determination. The original file and copies of the order and ruling are to be transmitted to Madiany PM's Court. The file at the High Court is closed.
Orders
- Bondo PM’s P&A E147/2021 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file and copies of this order and ruling to be transmitted to Madiany PM’s court.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Omenda Miembe alias John Omenda Miembe (Deceased) (Succession Cause 11 of 2022) [2022] KEHC 14834 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14834 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 11 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF OMENDA MIEMBE ALIAS JOHN OMENDA MIEMBE (DECEASED) AND IN THE MATTER OF TURPHOSA ANYANGO OGOLA &JOASH OMENDA OGOLA-ADMINISTRATIX AND ADMINISTRATOR (Originating from Bondo PM P&A E0147 of 2021)
Ruling
1. This matter arises from Bondo PM P&A E147/2021 seeking for direction from this Court. As the subject matter resides within the newly established and fully operationalized Madiany PM’s court, I hereby transfer Bondo PM’S P&A E147/2021 to Madiany Law Courts for hearing and final determination.
2. The original Bondo file and copies of this order and Ruling to be transmitted to Madiany PM’s court.A copy of this ruling and order shall be send to Bondo PM’s court for their records.
3. I so order.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1STDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE