[2024] KEHC 11070 (KLR)
The court determined that, since the deceased's last place of domicile was Kochieng and the court with geographical jurisdiction is the Nyando 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 11070 (KLR)
- Parties
- Applicant: Gaudensia Juma Nyateng
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 216 of 2024
- Procedural Posture
- Miscellaneous Case / Ruling on Transfer of Proceedings
- Outcome
- Matter transferred to Nyando Senior Principal Magistrate’s Court for further hearing and determination.
- Judges
- MS Shariff
- Legal Topics
- Transfer of Suit, Jurisdiction, Venue of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gaudensia Juma Nyateng
Applicant
Procedural Posture
Miscellaneous Case / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Patrice Nyateng Ogol.
- 2 Whether the matter should be transferred to the Nyando Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court determined that, since the deceased's last place of domicile was Kochieng and the court with geographical jurisdiction is the Nyando 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.
Court Disposition
Matter transferred to Nyando Senior Principal Magistrate’s Court for further hearing and determination.
Orders
- The matter is transferred to Nyando Senior Principal Magistrate’s Court for further hearing and determination.
Full Case Text
Judgment text and source record
15 paragraphs
In re Patrice Nyateng Ogol alias Patrice Nyateng (Deceased) (Miscellaneous Case 216 of 2024) [2024] KEHC 11070 (KLR) (16 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11070 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case 216 of 2024
MS Shariff, J
September 16, 2024
(IN CHAMBERS) IN THE MATTER OF PATRICE NYATENG OGOL ALIAS PATRICE NYATENG (DECEASED)
In the matter of
Gaudensia Juma Nyateng
Applicant
Ruling
1. Whereas the deceased one Patrice Nyateng Ogol Alias Patrice Nyateng died on 7th August, 2004 and whereas his last place of domicile was Kochieng and whereas the court with the geographical jurisdiction is Nyando Senior Principal 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 Nyando SPM 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