[2022] KEHC 15018 (KLR)
The court determined that since the subject matter of the Succession Cause originates from the jurisdiction of the newly gazetted and operational Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing...
Source-derived case information.
- Citation
- [2022] KEHC 15018 (KLR)
- Parties
- Applicant: Lucas Owino Olango; Applicant: Margaret Akinyi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 49 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM P&A No. E45 of 2022 transferred to Madiany Law Courts; original file and copies of order to be transmitted; file at Siaya High Court closed.
- 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
Lucas Owino Olango
Applicant
Margaret Akinyi
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Succession Cause 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 originates from the jurisdiction of the newly gazetted and operational Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the court with proper territorial jurisdiction, in line with statutory and administrative requirements.
Court Disposition
Bondo PM P&A No. E45 of 2022 transferred to Madiany Law Courts; original file and copies of order to be transmitted; file at Siaya High Court closed.
Orders
- Bondo PM P&A No. E45 of 2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file and copies of this order and ruling to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Vitalis Olango Anyango (Deceased) (Succession Cause 49 of 2022) [2022] KEHC 15018 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15018 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 49 of 2022
RE Aburili, J
November 2, 2022
IN THE MATTER OF THE ESTATE OF VITALIS OLANGO ANYANGO (DECEASED) AND IN THE MATTER OF LUCAS OWINO OLANGO & MARGARET AKINYI-ADMINISTRATOR &ADMINISTRATIX
(Originating from Bondo PM Succession Cause No. E 45 of 2022)
Ruling
1. Bondo PM P&A E45 of 2022 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. E45 of 2022 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 2NDDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE