[2024] KEHC 7950 (KLR)

[2024] KEHC 7950 (KLR)

The court found that since the deceased's last place of domicile was Kapuonja Kisumu East, the court with the proper geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court exercised its discretion to transfer the matter to the...

Source-derived case information.

Citation
[2024] KEHC 7950 (KLR)
Parties
Applicant: Pamela Achieng Nyagweth
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Family Miscellaneous Application 068 of 2024
Procedural Posture
Family Miscellaneous Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer granted.
Judges
MS Shariff
Legal Topics
Transfer of Proceedings, Jurisdiction of Courts
Source Language
en
Civil Procedure Family and Children Transfer of Proceedings Jurisdiction of Courts

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Parties

Pamela Achieng Nyagweth

Applicant

Procedural Posture

Family Miscellaneous Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Paul Okoth Agalo.
  2. 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court for hearing and determination.

Ratio Decidendi

The court found that since the deceased's last place of domicile was Kapuonja Kisumu East, the court with the proper geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court exercised its discretion to transfer the matter to the appropriate court for further hearing and determination, ensuring that the case is heard in the correct forum as required by law.

Court Disposition

Application for transfer granted.

Orders

  • The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.