[2024] KEHC 11344 (KLR)

[2024] KEHC 11344 (KLR)

The court determined that since the deceased was domiciled in Muhoroni, the court with the appropriate geographical jurisdiction is the Tamu Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court has the power to transfer a suit to the court that is competent to try...

Source-derived case information.

Citation
[2024] KEHC 11344 (KLR)
Parties
Applicant: Lorna Nyawara Okelo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Case 218 of 2024
Procedural Posture
Miscellaneous Case / Ruling on Transfer of Suit
Outcome
Matter transferred to Tamu Senior Principal Magistrate’s Court for further 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

Lorna Nyawara Okelo

Applicant

Procedural Posture

Miscellaneous Case / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter relating to the estate of William Owenga Okelo Odongo.
  2. 2 Whether the matter should be transferred to Tamu Senior Principal Magistrate’s Court as the court with proper geographical jurisdiction.

Ratio Decidendi

The court determined that since the deceased was domiciled in Muhoroni, the court with the appropriate geographical jurisdiction is the Tamu Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court has the power to transfer a suit to the court that is competent to try it. The transfer is necessary to ensure that the matter is heard and determined by the court with the proper jurisdiction.

Court Disposition

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

Orders

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