[2024] KEHC 7912 (KLR)

[2024] KEHC 7912 (KLR)

The court determined that since the deceased's last place of domicile was Osiri, the court with the proper geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno SPM...

Source-derived case information.

Citation
[2024] KEHC 7912 (KLR)
Parties
Applicant: Joshua Ononga Okech; Respondent: Pius Okech Ogonde (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Case 062 of 2024
Procedural Posture
Miscellaneous Case / Ruling on Transfer of Proceedings
Outcome
Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
Judges
MS Shariff
Legal Topics
Transfer of Proceedings, Jurisdiction, Probate and Administration
Source Language
en
Civil Procedure Transfer of Proceedings Jurisdiction Probate and Administration

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Parties

Joshua Ononga Okech

Applicant

Pius Okech Ogonde (Deceased)

Respondent

Procedural Posture

Miscellaneous Case / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Pius Okech Ogonde.
  2. 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court for hearing and determination.

Ratio Decidendi

The court determined that since the deceased's last place of domicile was Osiri, the court with the proper geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno SPM Court for further hearing and determination. The transfer ensures that the matter is heard by the court best placed to exercise jurisdiction over the estate, in accordance with statutory requirements.

Court Disposition

Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.

Orders

  • The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.