[2022] KEHC 15024 (KLR)
The court determined that since the parties reside within the jurisdiction of Madiany Law Courts, which has been gazetted and is now fully operational, it is appropriate and just for the succession cause to be transferred from Bondo PM's court to Madiany Law Courts for further hearing and final determination. This...
Source-derived case information.
- Citation
- [2022] KEHC 15024 (KLR)
- Parties
- Applicant: Joseph Omondi Migoma
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 7 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The succession cause is transferred to Madiany Law Courts for further hearing and determination. The file is closed in the High Court at Siaya.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Omondi Migoma
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred from Bondo PM's court to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the parties reside within the jurisdiction of Madiany Law Courts, which has been gazetted and is now fully operational, it is appropriate and just for the succession cause to be transferred from Bondo PM's court to Madiany Law Courts for further hearing and final determination. This ensures that the matter is heard in the court with proper territorial jurisdiction, facilitating convenience and compliance with administrative directives.
Court Disposition
The succession cause is transferred to Madiany Law Courts for further hearing and determination. The file is closed in the High Court at Siaya.
Orders
- Bondo PM P&A Cause No E014/2022 shall be transferred from Bondo PM's court to Madiany Law Courts for further hearing and final determination.
- This ruling and order to be transmitted together with the original file to Madiany PM’s court and a copy sent to Bondo PM’s court for their records.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Robert Migoma alias Robert Mugoma Obilo (Deceased) (Succession Cause 7 of 2022) [2022] KEHC 15024 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15024 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 7 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF ROBERT MIGOMA ALIAS ROBERT MUGOMA OBILO (DECEASED) AND IN THE MATTER OF JOSEPH OMONDI MIGOMA-ADMINISTRATOR
(Originating from Bondo PM P&AE014 OF 2022)
Ruling
1. The file from Bondo P&A Cause No E014/2022 was send to this court for direction as the parties resides within the jurisdiction of Madiany Law Courts, which was gazetted and is now fully operationalized.
2. I hereby order that Bondo PM P&A Cause No E014/2022 shall be transferred from Bondo PM’S court to Madiany Law Courts for further hearing and final determination. This ruling and order to be transmitted together with the original file to Madiany PM’s court and a copy send to Bondo PM’s court for their records.
3. I so order.
4. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R E ABURILIJUDGE