[2024] KEHC 11528 (KLR)
The court found that since the deceased's last place of domicile was Simenya, the Siaya Chief Magistrate's Court is the court with the appropriate geographical jurisdiction. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Siaya Chief Magistrate's...
Source-derived case information.
- Citation
- [2024] KEHC 11528 (KLR)
- Parties
- Applicant: Stephen Humphrey Oguda Oduor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 220 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Suit
- Outcome
- Application for transfer granted.
- Judges
- MS Shariff
- Legal Topics
- Transfer of Suit, Jurisdiction, Venue of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Humphrey Oguda Oduor
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Ombala James Oduor.
- 2 Whether the matter should be transferred to the Siaya Chief Magistrate's Court as the court with geographical jurisdiction.
Ratio Decidendi
The court found that since the deceased's last place of domicile was Simenya, the Siaya Chief Magistrate's Court is the court with the appropriate geographical jurisdiction. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Siaya Chief Magistrate's Court for further hearing and determination.
Court Disposition
Application for transfer granted.
Orders
- The matter is transferred to the Siaya Chief Magistrate's Court for further hearing and determination.
Full Case Text
Judgment text and source record
14 paragraphs
In re Ombala James Oduor (Deceased) (Miscellaneous Case 220 of 2024) [2024] KEHC 11528 (KLR) (16 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11528 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case 220 of 2024
MS Shariff, J
September 16, 2024
In the matter of
Stephen Humphrey Oguda Oduor
Applicant
Ruling
1. Whereas the deceased one Ombala James Oduor died on 30th March, 2010 and whereas his last place of domicile was Simenya, and whereas the court with the geographical jurisdiction is Siaya Chief 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 Siaya CM’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. SHARIFFJUDGE