[2024] KEHC 11066 (KLR)

[2024] KEHC 11066 (KLR)

The court found that the deceased's last place of domicile was Korando B, which falls within the geographical jurisdiction of the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu determined that it was appropriate to transfer the matter to the...

Source-derived case information.

Citation
[2024] KEHC 11066 (KLR)
Parties
Applicant: Sailas Grawa Owiti
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Case 207 of 2024
Procedural Posture
Miscellaneous Case / Ruling on Transfer of Suit
Outcome
Matter transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.
Judges
MS Shariff
Legal Topics
Transfer of Suit, Jurisdiction, Section 18 Civil Procedure Act
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Section 18 Civil Procedure Act

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Summary, issues, holding and outcome

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Parties

Sailas Grawa Owiti

Applicant

Procedural Posture

Miscellaneous Case / 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 Owiti Oidho Eliakim.
  2. 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court under Section 18 of the Civil Procedure Act.

Ratio Decidendi

The court found that the deceased's last place of domicile was Korando B, which falls within the geographical jurisdiction of the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu determined that it was appropriate to transfer the matter to the Maseno SPM court for further hearing and determination. The transfer was necessary to ensure that the matter is heard by the court with proper territorial jurisdiction.

Court Disposition

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

Orders

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