[2022] KEHC 14825 (KLR)
The court determined that since the parties and the subject matter of the succession cause originate from the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings to that court for hearing and final determination. The transfer...
Source-derived case information.
- Citation
- [2022] KEHC 14825 (KLR)
- Parties
- Applicant: Gladys Ongudi Okoth
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 29 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 file at Siaya High Court is 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
Gladys Ongudi Okoth
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 parties and the subject matter of the succession cause originate from the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings to that court for hearing and final determination. The transfer ensures that the matter is handled by the court with proper territorial jurisdiction, in line with judicial policy and efficient administration of justice.
Court Disposition
The succession cause is transferred to Madiany Law Courts for hearing and final determination. The file at Siaya High Court is closed.
Orders
- Bondo PM P&A E110/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file from Bondo Law Courts and copies of this ruling and order to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Wilfrida Owuor Okondo (Deceased) (Succession Cause 29 of 2022) [2022] KEHC 14825 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14825 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 29 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF WILFRIDA OWUOR OKONDO (DECEASED)
AND IN THE MATTER OF GLADYS ONGUDI OKOTH-ADMINISTRATIX
(Originating from Bondo PM P&A E110 of 2022)
Ruling
1. This file harbours Bondo PM P&A E110/2022 which was availed to this court for directions.
2. As the parties and the subject matter originate from the jurisdiction of the gazetted and newly fully operationalized Madiany Law Courts, I hereby transfer Bondo PM P&A E110/2022 to Madiany Law Courts for hearing and final determination.
3. The original file from Bondo Law Courts plus copies of this Ruling and order to be transmitted to Madiany Law Courts.
4. Ruling and order to be availed to Bondo Law Courts for their records.
5. I so order.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1STDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE