[2024] KEHC 11051 (KLR)

The court found that since the deceased, George Odero Malawo, was last domiciled in Kogony, the court with the appropriate geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno SPM Court for further hearing and determination.

Citation: [2024] KEHC 11051 (KLR)
Parties: Applicant: Risper Adhiambo Odero
Court: High Court
Court Station: High Court at Kisumu
Jurisdiction: Kenya
Judgment Date: 16 September 2024
Case Number: Miscellaneous Case 206 of 2024
Procedural Posture: Miscellaneous Case / Ruling on Transfer of Suit
Outcome: The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.
Judges: MS Shariff
Legal Topics: Transfer of Suit, Jurisdiction, Venue of Suit
Source Language: English

Civil Procedure Transfer of Suit Jurisdiction Venue of Suit

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Risper Adhiambo Odero

Applicant

Procedural Posture

Miscellaneous Case / Ruling on Transfer of Suit

Legal Issues

1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of George Odero Malawo.
2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court as the court with geographical jurisdiction.

Ratio Decidendi

Court Disposition

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

Orders

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