[2022] KEHC 15280 (KLR)
The court determined that since both the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts. This ensures...
Source-derived case information.
- Citation
- [2022] KEHC 15280 (KLR)
- Parties
- Applicant: Paul Ochieng Oguta; Applicant: William Odhiambo Oguta
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 95 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession cause transferred to Madiany Law Courts; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Ochieng Oguta
Applicant
William Odhiambo Oguta
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred from Bondo PM Court to Madiany Law Courts for hearing and determination.
- 2 Whether the Madiany Law Courts have jurisdiction over the parties and subject matter.
Ratio Decidendi
The court determined that since both the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts. This ensures that the matter is heard in the court with proper territorial jurisdiction, in line with statutory and procedural requirements. The transfer is ordered to facilitate efficient administration of justice and to avoid jurisdictional challenges. The original file and copies of the ruling are to be transmitted accordingly, and the High Court file is closed.
Court Disposition
Succession cause transferred to Madiany Law Courts; High Court file closed.
Orders
- Bondo PM Succession Cause No E68/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file and copies of this ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Walter Oguta Denge (Deceased) (Succession Cause 95 of 2022) [2022] KEHC 15280 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15280 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 95 of 2022
RE Aburili, J
November 11, 2022
IN THE MATTER OF THE ESTATE OF WALTER OGUTA DENGE (DECEASED) AND IN THE MATTER OF PAUL OCHIENG OGUTA &WILLIAM ODHIAMBO OGUTA-ADMINISTRATORS
(Originating from Bondo PM P&A E68 of 2022)
Ruling
1. Bondo PM Succession Cause No E68/2022 was availed to this court for directions.
2. As the parties and the subject matter are domiciled within the jurisdiction of the gazetted newly operationalized Madiany Law Courts, I hereby transfer Bondo PM Succession Cause No E68/2022 to Madiany Law Courts for hearing and final determination.
3. The original file from Bondo together with copies of this ruling and order shall be transmitted to Madiany Law Courts while copies of ruling and order shall be send to Bondo Law Courts for their records and notification of the parties.
4. I so order. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF NOVEMBER, 2022R E ABURILIJUDGE