[2022] KEHC 14942 (KLR)

[2022] KEHC 14942 (KLR)

The court determined that since the subject matter of the Succession Cause falls within the jurisdiction of the now fully operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM P&A No E128 of 2022 to the Madiany Law Courts for hearing and final determination. This...

Source-derived case information.

Citation
[2022] KEHC 14942 (KLR)
Parties
Applicant: Peter Amolo Ayuyo (Deceased)
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 41 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
Bondo PM P&A No E128 of 2022 is transferred to Madiany Law Courts for hearing and final determination. The file at Bondo and copies of the order and ruling are to be transmitted to Madiany Law Courts and Bondo PM's court for records and notification. The file at Siaya is closed.
Judges
RE Aburili
Legal Topics
Probate and Administration, Transfer of Succession Cause, Jurisdiction of Courts
Source Language
en
Family and Children Probate and Administration Transfer of Succession Cause Jurisdiction of Courts

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Summary, issues, holding and outcome

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Parties

Peter Amolo Ayuyo (Deceased)

Applicant

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the Succession Cause should be transferred to the Madiany Law Courts for hearing and determination.
  2. 2 Whether the Bondo PM P&A file should be transmitted to the appropriate court of jurisdiction.

Ratio Decidendi

The court determined that since the subject matter of the Succession Cause falls within the jurisdiction of the now fully operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer Bondo PM P&A No E128 of 2022 to the Madiany Law Courts for hearing and final determination. This ensures that the matter is handled by the court with proper territorial jurisdiction, in accordance with the law and established judicial practice.

Court Disposition

Bondo PM P&A No E128 of 2022 is transferred to Madiany Law Courts for hearing and final determination. The file at Bondo and copies of the order and ruling are to be transmitted to Madiany Law Courts and Bondo PM's court for records and notification. The file at Siaya is closed.

Orders

  • Bondo PM P&A No E128 of 2022 is transferred to Madiany Law Courts for hearing and final determination.
  • The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.