[2022] KEHC 15015 (KLR)
The court determined that, since the subject matter of the succession cause falls within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo PM's Court to Madiany Law Courts for hearing and final determination....
Source-derived case information.
- Citation
- [2022] KEHC 15015 (KLR)
- Parties
- Applicant: Felgona Ojwaraa Arunda
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 35 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The succession cause 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 accordingly. The present file is closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felgona Ojwaraa Arunda
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Succession Cause should be transferred from Bondo PM's Court to Madiany Law Courts due to jurisdictional considerations.
Ratio Decidendi
The court determined that, since the subject matter of the succession cause falls within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo PM's Court to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard by the court with proper territorial jurisdiction, in line with the current judicial structure and administrative convenience.
Court Disposition
The succession cause 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 accordingly. The present file is closed.
Orders
- Bondo PM P&A No E410/2021 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
16 paragraphs
In re Estate of Walter Arunda Nyaware (Deceased) (Succession Cause 35 of 2022) [2022] KEHC 15015 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15015 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 35 of 2022
RE Aburili, J
November 2, 2022
IN THE MATTER OF THE ESTATE OF WALTER ARUNDA NYAWARE (DECEASED) AND IN THE MATTER OF FELGONA OJWARAA ARUNDA-ADMINISTRATIX
(Originating from Bondo PM Succession Cause No. E410 of 2018)
Ruling
1. Bondo PM P&A E410/2021 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 E410/2021 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