[2024] KEHC 11052 (KLR)

[2024] KEHC 11052 (KLR)

The court found that since the deceased's last place of domicile was Kajulu, Kisumu, and the court with the appropriate geographical jurisdiction is the Winam Senior Principal Magistrate’s Court, it is proper to transfer the matter to that court for further hearing and determination. The transfer is made pursuant to...

Source-derived case information.

Citation
[2024] KEHC 11052 (KLR)
Parties
Applicant: Hellen Akoth Owaro
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Family Miscellaneous Civil Case 211 of 2024
Procedural Posture
Family Miscellaneous Civil Case / Ruling on Transfer of Proceedings
Outcome
Matter transferred to Winam Senior Principal Magistrate’s Court for hearing and determination.
Judges
MS Shariff
Legal Topics
Transfer of Proceedings, Jurisdiction of Courts
Source Language
en
Civil Procedure Family and Children Transfer of Proceedings Jurisdiction of Courts

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Parties

Hellen Akoth Owaro

Applicant

Procedural Posture

Family Miscellaneous Civil Case / 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 Leonard Oraro Liech.
  2. 2 Whether the matter should be transferred to the Winam Senior Principal Magistrate’s Court for hearing and determination.

Ratio Decidendi

The court found that since the deceased's last place of domicile was Kajulu, Kisumu, and the court with the appropriate geographical jurisdiction is the Winam Senior Principal Magistrate’s Court, it is proper to transfer the matter to that court for further hearing and determination. The transfer is made pursuant to Section 18 of the Civil Procedure Act, which empowers the High Court to transfer cases to the court with competent jurisdiction.

Court Disposition

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

Orders

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