[2024] KEHC 7916 (KLR)

[2024] KEHC 7916 (KLR)

The court found that since the deceased's last place of domicile was Kaila Sub Location, 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...

Source-derived case information.

Citation
[2024] KEHC 7916 (KLR)
Parties
Applicant: Perez Okumu Onyango; Respondent: Thomas Onyango Ogawo (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Case 072 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
Judges
MS Shariff
Legal Topics
Transfer of Suit, Jurisdiction, Probate and Administration
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Probate and Administration

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Parties

Perez Okumu Onyango

Applicant

Thomas Onyango Ogawo (Deceased)

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Thomas Onyango Ogawo.
  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's last place of domicile was Kaila Sub Location, 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 with the correct territorial jurisdiction, in accordance with statutory requirements.

Court Disposition

Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.

Orders

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