[2024] KEHC 11068 (KLR)

[2024] KEHC 11068 (KLR)

The court found that since the deceased, John Owiti Odiah, was last domiciled in Chiga, Kisumu East, the Winam Senior Principal Magistrate’s Court is the court with the appropriate geographical jurisdiction. Pursuant to Section 18 of the Civil Procedure Act, the High Court has the power to transfer any suit, appeal,...

Source-derived case information.

Citation
[2024] KEHC 11068 (KLR)
Parties
Applicant: Rhoda Adero Owiti
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Cause 210 of 2024
Procedural Posture
Miscellaneous Cause / Ruling on Transfer of Suit
Outcome
Application for transfer allowed.
Judges
MS Shariff
Legal Topics
Transfer of Suit, Jurisdiction, Venue of Suit
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Venue of Suit

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Parties

Rhoda Adero Owiti

Applicant

Procedural Posture

Miscellaneous Cause / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of John Owiti Odiah.
  2. 2 Whether the matter should be transferred to the Winam Senior Principal Magistrate’s Court as the court with geographical jurisdiction.

Ratio Decidendi

The court found that since the deceased, John Owiti Odiah, was last domiciled in Chiga, Kisumu East, the Winam Senior Principal Magistrate’s Court is the court with the appropriate geographical jurisdiction. Pursuant to Section 18 of the Civil Procedure Act, the High Court has the power to transfer any suit, appeal, or other proceeding to the court competent to try it. The court exercised this power to ensure that the matter is heard and determined by the court with the proper territorial jurisdiction.

Court Disposition

Application for transfer allowed.

Orders

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