[2022] KEHC 14946 (KLR)
The court determined that since the subject matter of the succession cause falls within the jurisdiction of the now operational Madiany Law Courts, it is appropriate and in accordance with the law to transfer Bondo PM P&A No 287 of 2019 to the Madiany Law Courts for hearing and final determination. This ensures that...
Source-derived case information.
- Citation
- [2022] KEHC 14946 (KLR)
- Parties
- Applicant: Sarah Otieno Aloo (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 50 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM P&A No 287 of 2019 is transferred to Madiany Law Courts for hearing and final determination. The original file and copies of the order and ruling are to be transmitted to Madiany Law Courts. Copies are also to be submitted to Bondo PM’s court for records and notification of parties. The file at Siaya is...
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Otieno Aloo (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM P&A 287 of 2019 should be transferred to the 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 operational Madiany Law Courts, it is appropriate and in accordance with the law to transfer Bondo PM P&A No 287 of 2019 to the Madiany Law Courts for hearing and final determination. This ensures that the matter is handled by the court with the proper territorial jurisdiction, promoting judicial efficiency and compliance with statutory requirements.
Court Disposition
Bondo PM P&A No 287 of 2019 is transferred to Madiany Law Courts for hearing and final determination. The original file and copies of the order and ruling are to be transmitted to Madiany Law Courts. Copies are also to be submitted to Bondo PM’s court for records and notification of parties. The file at Siaya is...
Orders
- Bondo PM P&A No 287 of 2019 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 Sarah Otieno Aloo (Deceased) (Succession Cause 50 of 2022) [2022] KEHC 14946 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14946 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 50 of 2022
RE Aburili, J
November 2, 2022
Ruling
1. Bondo PM P&A 287 of 2019 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 287 of 2019 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, 2022R.E. ABURILIJUDGE