[2024] KEHC 11057 (KLR)

[2024] KEHC 11057 (KLR)

The court determined that since the deceased's last place of domicile was Kamenyagari and the court with geographical jurisdiction is the Winam Senior Principal Magistrate’s Court, it is appropriate and in accordance with Section 18 of the Civil Procedure Act to transfer the matter to that court for further hearing...

Source-derived case information.

Citation
[2024] KEHC 11057 (KLR)
Parties
Applicant: Rose Omuya Atieno
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Family Miscellaneous Civil Case 225 of 2024
Procedural Posture
Family Miscellaneous Civil Case / Ruling on Transfer of Proceedings
Outcome
Matter transferred to Winam Senior Principal Magistrate’s Court for further 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

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rose Omuya Atieno

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 Ogonji Raphael Okomo.
  2. 2 Whether the matter should be transferred to the Winam Senior Principal Magistrate’s Court under Section 18 of the Civil Procedure Act.

Ratio Decidendi

The court determined that since the deceased's last place of domicile was Kamenyagari and the court with geographical jurisdiction is the Winam Senior Principal Magistrate’s Court, it is appropriate and in accordance with Section 18 of the Civil Procedure Act to transfer the matter to that court for further hearing and determination. The High Court at Kisumu therefore lacks the proper jurisdiction to continue with the matter.

Court Disposition

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

Orders

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