[2024] KEHC 11069 (KLR)

[2024] KEHC 11069 (KLR)

The court found that since the deceased, Joseph Vicky Jumbe, was last domiciled in Ayueyo, the court with the appropriate geographical jurisdiction is the Nyando 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...

Source-derived case information.

Citation
[2024] KEHC 11069 (KLR)
Parties
Applicant: Susan Adhiambo Ouma
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Case 214 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer granted.
Judges
MS Shariff
Legal Topics
Transfer of Proceedings, Jurisdiction, Civil Procedure Act Section 18
Source Language
en
Civil Procedure Transfer of Proceedings Jurisdiction Civil Procedure Act Section 18

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Susan Adhiambo Ouma

Applicant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Joseph Vicky Jumbe.
  2. 2 Whether the matter should be transferred to the Nyando Senior Principal Magistrate’s Court under Section 18 of the Civil Procedure Act.

Ratio Decidendi

The court found that since the deceased, Joseph Vicky Jumbe, was last domiciled in Ayueyo, the court with the appropriate geographical jurisdiction is the Nyando 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 Nyando SPM Court for further hearing and determination. The transfer ensures that the matter is heard in the correct forum as required by law.

Court Disposition

Application for transfer granted.

Orders

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