[2022] KEHC 15562 (KLR)
The court determined that since both the parties and the subject matter of the succession cause are domiciled within the jurisdiction of Madiany Law Courts, it is appropriate and just to transfer the file from Bondo Law Courts to Madiany Law Courts. This ensures that the matter is heard in the proper forum, in...
Source-derived case information.
- Citation
- [2022] KEHC 15562 (KLR)
- Parties
- Applicant: John Otieno Sinde
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 142 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of File
- Outcome
- file transferred to Madiany Law Courts; hearing date maintained; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Otieno Sinde
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of File
Legal Issues
- 1 Whether the succession cause should be transferred from Bondo Law Courts to Madiany Law Courts due to jurisdictional considerations.
Ratio Decidendi
The court determined that since both the parties and the subject matter of the succession cause are domiciled within the jurisdiction of Madiany Law Courts, it is appropriate and just to transfer the file from Bondo Law Courts to Madiany Law Courts. This ensures that the matter is heard in the proper forum, in accordance with the principles of territorial jurisdiction and efficient administration of justice.
Court Disposition
file transferred to Madiany Law Courts; hearing date maintained; file closed
Orders
- The file from Bondo PM P&A E058/2021 is transferred to Madiany Law Courts accompanied by this ruling.
- This ruling shall be served on Bondo Law Courts for records and notification of parties.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Sinde Rakwro (Deceased) (Succession Cause 142 of 2022) [2022] KEHC 15562 (KLR) (18 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15562 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 142 of 2022
RE Aburili, J
November 18, 2022
IN THE MATTER OF THE ESTATE OF LATE SINDE RAKWARO (DECEASED) AND IN THE MATTER OF JOHN OTIENO SINDE - ADMINISTRATOR (Originating from Bondo PM P&A E058 of 2021)
Ruling
1. As parties and the subject matter in Bondo PM P&A E058/2021 are domiciled within the jurisdiction of Madiany Law Courts, the file from Bondo is hereby transferred to Madiany Law Courts accompanied by this ruling, which shall be served on Bondo Law Courts for records and notification of parties.
2. Hearing remains as earlier fixed on January 11, 2023 at Madiany Law Courts.
3. File closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18THDAY OF NOVEMBER, 2022R E ABURILIJUDGE