[2024] KECA 1245 (KLR)
The court found that since the deceased was last domiciled in Suba District and the Winam Senior Principal Magistrate’s Court has the appropriate geographical jurisdiction, it is proper and just to transfer the matter to that court pursuant to Section 18 of the Civil Procedure Act. The transfer ensures that the...
Source-derived case information.
- Citation
- [2024] KECA 1245 (KLR)
- Parties
- Applicant: Helida Auma Nyakeno
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause 224 of 2024
- Procedural Posture
- Miscellaneous Cause / Ruling on Transfer of Suit
- Outcome
- Application for transfer granted.
- Judges
- F.S Ibrahim
- Legal Topics
- Transfer of Suit, Jurisdiction, Civil Procedure Act Section 18
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Helida Auma Nyakeno
Applicant
Procedural Posture
Miscellaneous Cause / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the court has jurisdiction to transfer the matter to the appropriate court under Section 18 of the Civil Procedure Act.
- 2 Whether Winam Senior Principal Magistrate’s Court is the proper forum for hearing and determination of the matter.
Ratio Decidendi
The court found that since the deceased was last domiciled in Suba District and the Winam Senior Principal Magistrate’s Court has the appropriate geographical jurisdiction, it is proper and just to transfer the matter to that court pursuant to Section 18 of the Civil Procedure Act. The transfer ensures that the matter is heard and determined by the court with the correct territorial jurisdiction, thereby upholding the principles of proper forum and judicial efficiency.
Court Disposition
Application for transfer granted.
Orders
- The matter is transferred to Winam Senior Principal Magistrate’s Court for further hearing and determination.
Full Case Text
Judgment text and source record
14 paragraphs
In re Ibrahim Nyambok Dede (Deceased) (Miscellaneous Cause 224 of 2024) [2024] KECA 1245 (KLR) (16 September 2024) (Ruling)
Neutral citation: [2024] KECA 1245 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Miscellaneous Cause 224 of 2024
F.S Ibrahim, J
September 16, 2024
In the matter of
Helida Auma Nyakeno
Applicant
Ruling
1. Whereas the deceased one Ibrahim Nyambok Dede died on 27th August, 2000 and whereas his last place of domicile was Suba District, and whereas the court with the geographical jurisdiction is Winam Senior Principal Magistrate’s Court, I do hereby pursuant to the provisions of Section 18 of the Civil Procedure Act CAP 21 Laws of Kenya transfer this matter to Winam SPM’s court for further hearing and determination.
2. It is hereby so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 16TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE16. 9. 2024Coram: Before Lady Justice M. S. Shariff (In Chambers)