[2025] KEHC 7782 (KLR)
The court found that Kombewa Law Courts have the appropriate geographical jurisdiction for the matter and that transferring the file from Maseno Law Courts to Kombewa Law Courts would better serve the constitutional imperative of access to justice. Exercising its powers under section 18 of the Civil Procedure Act,...
Source-derived case information.
- Citation
- [2025] KEHC 7782 (KLR)
- Parties
- Applicant: Dishon Limbe Gwara
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 145 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dishon Limbe Gwara
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court found that Kombewa Law Courts have the appropriate geographical jurisdiction for the matter and that transferring the file from Maseno Law Courts to Kombewa Law Courts would better serve the constitutional imperative of access to justice. Exercising its powers under section 18 of the Civil Procedure Act, the court ordered the withdrawal and transfer of the file accordingly.
Court Disposition
Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Opeyo Opeyo Gwara (Deceased) (Miscellaneous Succession Application 145 of 2025) [2025] KEHC 7782 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7782 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 145 of 2025
A Mabeya, J
June 4, 2025
In the matter of
dishon Limbe Gwara
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E225 of 2024)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 10/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE.