[2022] KEHC 15561 (KLR)
The court determined that since both the parties and the subject matter in Bondo PM P&A E230/2021 originate from the jurisdiction of Madiany law courts, it is appropriate and just to transfer the matter to that court. This ensures that the proceedings are conducted in the proper forum, in accordance with the rules...
Source-derived case information.
- Citation
- [2022] KEHC 15561 (KLR)
- Parties
- Applicant: Janes Odhiambo Obudho
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 146 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janes Odhiambo Obudho
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM P&A E230/2021 should be transferred to Madiany law courts due to jurisdictional considerations.
Ratio Decidendi
The court determined that since both the parties and the subject matter in Bondo PM P&A E230/2021 originate from the jurisdiction of Madiany law courts, it is appropriate and just to transfer the matter to that court. This ensures that the proceedings are conducted in the proper forum, in accordance with the rules of territorial jurisdiction, and facilitates convenience for all parties involved. The court therefore ordered the transfer of the file and fixed the hearing at Madiany law courts.
Court Disposition
Application for transfer of proceedings granted.
Orders
- Bondo PM P&A E230/2021 is transferred to Madiany law courts and the original file to be transmitted with this ruling.
- Bondo law courts to be served with this ruling for records and notification of parties.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Philip Ngawo Suga (Deceased) (Succession Cause 146 of 2022) [2022] KEHC 15561 (KLR) (18 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15561 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 146 of 2022
RE Aburili, J
November 18, 2022
In The Matter of the Estate of Late Philip Ngawo Suga (Deceased)
And In The Matter of Janes Odhiambo Obudho - Administrator
(Originating from Bondo PM P&A E230 of 2021)
Ruling
1. As parties and the subject matter in Bondo PM P&A E230/2021 originate from the jurisdiction of Madiany law courts, I order for transfer of Bondo PM P&A E230/2021 to Madiany law courts and the original file be transmitted with this ruling.
2. Bondo law courts to be served with this ruling for records and notification of parties.
3. Hearing remains as earlier fixed on January 11, 2023 at Madiany law courts.
4. File closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE