[2022] KEHC 14833 (KLR)
The court determined that since the subject matter and parties are from Rarieda, which falls within the jurisdiction of the newly gazetted Madiany Law Courts, it is appropriate and in the interest of justice to transfer Succession Cause No. E142/2022 from Bondo Law Courts to Madiany Law Courts for further hearing...
Source-derived case information.
- Citation
- [2022] KEHC 14833 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 14 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Transferred to Madiany Law Courts; file closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Succession Cause No. E142/2022 should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the subject matter and parties are from Rarieda, which falls within the jurisdiction of the newly gazetted Madiany Law Courts, it is appropriate and in the interest of justice to transfer Succession Cause No. E142/2022 from Bondo Law Courts to Madiany Law Courts for further 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
Transferred to Madiany Law Courts; file closed at Siaya High Court.
Orders
- Succession Cause No. E142/2022 is transferred from Bondo Law Courts to Madiany Law Courts for further hearing and determination.
- The original file from Bondo Law Courts to be transmitted to Madiany Law Courts together with this ruling and order.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Pitalis Owade Akomo alias Olwande Akomo (Deceased) (Succession Cause 14 of 2022) [2022] KEHC 14833 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14833 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 14 of 2022
RE Aburili, J
November 1, 2022
Ruling
1. Bondo PM P&A E142/2022 was availed to this court for directions.
2. As the subject matter and parties come from Rarieda which is within the gazette and newly established Madiany Law Courts, I hereby order for the transfer of Bondo PM P&A E142/2022 to Madiany PM’s court for further hearing and final determination.
3. The original file from Bondo Law Courts to be transmitted to Madiany Law Courts together with this Ruling and order and copy of the ruling and order to be send to Bondo Law Courts for their records. This file is closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022. R.E. ABURILIJUDGE