[2022] KEHC 15266 (KLR)

[2022] KEHC 15266 (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 the matter from Bondo Principal Magistrate's Court to Madiany Law Courts for...

Source-derived case information.

Citation
[2022] KEHC 15266 (KLR)
Parties
Applicant: Pitalis Rabilo Ogongo alias Rabilo Ogongo (Deceased)
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 89 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
Succession Cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; file at High Court closed.
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

Pitalis Rabilo Ogongo alias Rabilo Ogongo (Deceased)

Applicant

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the Succession Cause should be transferred to the appropriate court based on jurisdiction and domicile of the parties.

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 the matter 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 convenience and compliance with jurisdictional requirements.

Court Disposition

Succession Cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; file at High Court closed.

Orders

  • Bondo PM Succession Cause No. E159/2022 is transferred to Madiany Law Courts for hearing and final determination.
  • The original file from Bondo together with copies of this Ruling and Order shall be transmitted to Madiany Law Courts.