[2024] KEHC 7947 (KLR)

[2024] KEHC 7947 (KLR)

The court found that since the deceased, Shadrack Achola Gwara, was last domiciled in Kadero, the court with the appropriate 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...

Source-derived case information.

Citation
[2024] KEHC 7947 (KLR)
Parties
Applicant: Dishon Limbe Gwara
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Family Miscellaneous Application 060 of 2024
Procedural Posture
Family Miscellaneous Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer granted.
Judges
MS Shariff
Legal Topics
Succession Proceedings, Transfer of Suit, Jurisdiction of Courts
Source Language
en
Family and Children Succession Proceedings Transfer of Suit Jurisdiction of Courts

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Parties

Dishon Limbe Gwara

Applicant

Procedural Posture

Family Miscellaneous Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter relating to the estate of Shadrack Achola Gwara.
  2. 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court for hearing and determination.

Ratio Decidendi

The court found that since the deceased, Shadrack Achola Gwara, was last domiciled in Kadero, the court with the appropriate 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

Application for transfer granted.

Orders

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