[2022] KEHC 15321 (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 Bondo PM Succession Cause No E449/2021 to Madiany Law Courts for hearing and...
Source-derived case information.
- Citation
- [2022] KEHC 15321 (KLR)
- Parties
- Applicant: Oliver Odhiambo; Applicant: Rose Nafuna Namumnyu Odera
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 59 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No E449/2021 transferred to Madiany Law Courts; file at Siaya closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oliver Odhiambo
Applicant
Rose Nafuna Namumnyu Odera
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No E449/2021 should be transferred to Madiany Law Courts for hearing and determination.
- 2 Whether the administratix's name should be corrected in the grant to match her national identity card.
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 Bondo PM Succession Cause No E449/2021 to Madiany Law Courts for hearing and final determination. The court also noted a clerical error in the administratix's name on the grant, directing that the court correct the name to match her national identity card. The transfer ensures the matter is heard in the proper forum, and the correction of the name upholds the integrity of court records.
Court Disposition
Bondo PM Succession Cause No E449/2021 transferred to Madiany Law Courts; file at Siaya closed.
Orders
- Bondo PM Succession Cause No E449/2021 is transferred to Madiany Law Courts for hearing and final determination.
- The administratix's name on the grant to be corrected from Nafula to Nafuna as per her national identity card.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Peter Nyadimo Odera (Deceased) (Succession Cause 59 of 2022) [2022] KEHC 15321 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15321 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 59 of 2022
RE Aburili, J
November 11, 2022
IN THE MATTER OF THE ESTATE OF PETER NYADIMO ODERA (DECEASED) AND IN THE MATTER OF OLIVER ODHIAMBO & ROSE NAFUNA NAMUMNYU ODERA -ADMINISTRATOR &ADMINISTRATIX (Originating from Bondo PM P&A E449 of 2021)
Ruling
1. Bondo PM Succession Cause No E449/2021 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 E449 /2021 to Madiany Law Courts for hearing and final determination. I however note that the second name of the second administratix is written as Nafula on the grant yet her national identity card reads Nafuna. The court to correct as appropriate as it notifies the parties to take necessary action.
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 11TH DAY OF NOVEMBER, 2022. R.E. ABURILIJUDGE