[2022] KEHC 15240 (KLR)
The court determined that since both 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 just to transfer Bondo PM Succession Cause No. E129/2022 to the Madiany Law Courts for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 15240 (KLR)
- Parties
- Applicant: Aloyce Otieno Ogara; Respondent: Petro Ogara Nyamodhi (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 121 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No. E129/2022 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
Aloyce Otieno Ogara
Applicant
Petro Ogara Nyamodhi (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No. E129/2022 should be transferred to the Madiany Law Courts for hearing and determination.
- 2 Whether the Madiany Law Courts have jurisdiction over the parties and subject matter.
Ratio Decidendi
The court determined that since both 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 just to transfer Bondo PM Succession Cause No. E129/2022 to the Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the proper forum, in accordance with principles of jurisdiction and efficient administration of justice. The court further directed that the original file and copies of the ruling and order be transmitted to the Madiany Law Courts, and that the Bondo Law Courts be notified for their records and notification of the parties.
Court Disposition
Bondo PM Succession Cause No. E129/2022 transferred to Madiany Law Courts; file at Siaya closed.
Orders
- Bondo PM Succession Cause No. E129/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file and copies of this ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Petro Ogara Nyamodhi (Deceased) (Succession Cause 121 of 2022) [2022] KEHC 15240 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15240 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 121 of 2022
RE Aburili, J
November 11, 2022
IN THE MATTER OF THE ESTATE OF PETRO OGARA NYAMODHI ( DECEASED) AND IN THE MATTER OF ALOYCE OTIENO OGARA-ADMINISTRATOR (Originating from Bondo PM P&A E129 of 2022)
Ruling
1. Bondo PM Succession Cause No. E129/2022 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. E129/2022 to Madiany Law Courts for hearing and final determination.
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, 2022R.E. ABURILIJUDGE