[2022] KEHC 14890 (KLR)
The court determined that since the subject matter of the succession cause falls within the jurisdiction of the now fully operationalized Madiany Law Courts, it is appropriate and necessary to transfer Bondo PM P&A No 268 of 2017 to Madiany Law Courts for hearing and final determination. This ensures that the matter...
Source-derived case information.
- Citation
- [2022] KEHC 14890 (KLR)
- Parties
- Applicant: Richard Ochola Ongonga (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM P&A No 268 of 2017 transferred to Madiany Law Courts; Siaya file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Ochola Ongonga (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM P&A No 268 of 2017 should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the subject matter of the succession cause falls within the jurisdiction of the now fully operationalized Madiany Law Courts, it is appropriate and necessary to transfer Bondo PM P&A No 268 of 2017 to Madiany Law Courts for hearing and final determination. This ensures that the matter is handled by the court with proper territorial jurisdiction, in line with statutory and administrative requirements.
Court Disposition
Bondo PM P&A No 268 of 2017 transferred to Madiany Law Courts; Siaya file closed.
Orders
- Bondo PM P&A No 268 of 2017 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Richard Ochola Ongonga (Deceased) (Succession Cause 23 of 2022) [2022] KEHC 14890 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14890 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 23 of 2022
RE Aburili, J
November 2, 2022
Ruling
1. Bondo PM P&A 268 of 2017 was submitted to this court for directions.
2. As the subject matter of the succession cause originates from the jurisdiction of the gazetted and now fully operationalized Madiany Law Courts. I hereby transfer Bondo PM P&A No 268 of 2017 to Madiany Law Courts for hearing and final determination.
3. The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.
4. The copies of ruling and order to be submitted to Bondo PM’s court for their records and notification of parties.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022. R E ABURILIJUDGE