[2025] KEHC 8433 (KLR)

[2025] KEHC 8433 (KLR)

The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the matter should be transferred from Kisumu Law Courts to Kombewa Law Courts. The decision was guided by considerations of geographical jurisdiction and the constitutional imperative to facilitate access to...

Source-derived case information.

Citation
[2025] KEHC 8433 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Application 299 of 2025
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer of proceedings granted.
Judges
A Mabeya
Legal Topics
Transfer of Suit, Jurisdiction of Courts, Access to Justice
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction of Courts Access to Justice

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Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Miscellaneous Succession Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court should transfer the succession matter from Kisumu Law Courts to Kombewa Law Courts.
  2. 2 Whether the transfer is necessary to facilitate access to justice under Article 48 of the Constitution.

Ratio Decidendi

The High Court, exercising its discretion under section 18 of the Civil Procedure Act, determined that the matter should be transferred from Kisumu Law Courts to Kombewa Law Courts. The decision was guided by considerations of geographical jurisdiction and the constitutional imperative to facilitate access to justice as enshrined in Article 48 of the Constitution. The court found that Kombewa Law Courts was the more appropriate forum for the hearing and determination of the succession matter, and accordingly ordered the transfer of the file. The court also directed that the parties be notified and set a mention date before the Head of Station at Kombewa Law Courts for further directions.

Court Disposition

Application for transfer of proceedings granted.

Orders

  • The file is withdrawn from Kisumu Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • Parties to be notified of the transfer.