[2022] KEHC 14963 (KLR)

[2022] KEHC 14963 (KLR)

The court determined that since the subject matter and the parties are domiciled within the jurisdiction of the newly operationalized and gazetted Madiany Law Courts, it is appropriate and in the interests of justice to transfer the succession cause from Bondo Principal Magistrate's Court to Madiany Law Courts for...

Source-derived case information.

Citation
[2022] KEHC 14963 (KLR)
Parties
Applicant: Peter Warinda Aura (Deceased)
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 31 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 the High Court.
Judges
RE Aburili
Legal Topics
Succession Proceedings, Transfer of Cause, Jurisdiction, Probate and Administration
Source Language
en
Family and Children Succession Proceedings Transfer of Cause Jurisdiction Probate and Administration

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Parties

Peter Warinda Aura (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 Madiany Law Courts have jurisdiction over the subject matter and parties.

Ratio Decidendi

The court determined that since the subject matter and the parties are domiciled within the jurisdiction of the newly operationalized and gazetted Madiany Law Courts, it is appropriate and in the interests of justice to transfer the succession cause 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 judicial efficiency and convenience for the parties involved.

Court Disposition

The succession cause is transferred to Madiany Law Courts for hearing and final determination. The file is closed at the High Court.

Orders

  • Bondo PM P&A E209/2022 is transferred to Madiany Law Courts for hearing and final determination.
  • The original file from Bondo together with copies of this ruling and order to be transmitted to Madiany Law Courts.