[2022] KEHC 15270 (KLR)
The court determined that since 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 the matter from Bondo Principal Magistrate's Court to Madiany Law Courts for...
Source-derived case information.
- Citation
- [2022] KEHC 15270 (KLR)
- Parties
- Applicant: Esther Adhiambo Achando
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 63 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 file is closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Adhiambo Achando
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since 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 the matter from Bondo Principal Magistrate's Court 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 convenience and compliance with jurisdictional requirements.
Court Disposition
The succession cause 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. E54/2022 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.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Omwanda Ofuongo (Deceased) (Succession Cause 63 of 2022) [2022] KEHC 15270 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15270 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 63 of 2022
RE Aburili, J
November 11, 2022
IN THE HIGH COURT OF KENYA AT SIAYA
SUCCESSION CAUSE NO. 63 OF 2022 [P&A] IN THE MATTER OF THE ESTATE OF OMWANDA OFUONGO (DECEASED)
AND IN THE MATTER OF ESTHER ADHIAMBO ACHANDO (ADMINISTRATIX) (Originating from Bondo PM P&A E54 of 2022)
Ruling
1. Bondo PM Succession Cause No. E54/2022 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. E54 /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