[2024] KEHC 11056 (KLR)
The court determined that since the deceased, Yier Alex Ogola, was last domiciled in Kogony, the court with the appropriate geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to...
Source-derived case information.
- Citation
- [2024] KEHC 11056 (KLR)
- Parties
- Applicant: Rebecca Akinyi Ogola
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Civil Case 223 of 2024
- Procedural Posture
- Family Miscellaneous Civil Case / Ruling on Transfer of Suit
- Outcome
- Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
- Judges
- MS Shariff
- Legal Topics
- Transfer of Suit, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rebecca Akinyi Ogola
Applicant
Procedural Posture
Family Miscellaneous Civil Case / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Yier Alex Ogola.
- 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court determined that since the deceased, Yier Alex Ogola, was last domiciled in Kogony, the court with the appropriate geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno SPM’s Court for further hearing and determination.
Court Disposition
Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
Orders
- The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.
Full Case Text
Judgment text and source record
15 paragraphs
In re Yier Alex Ogola (Deceased) (Family Miscellaneous Civil Case 223 of 2024) [2024] KEHC 11056 (KLR) (16 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11056 (KLR)
Republic of Kenya
In the High Court at Kisumu
Family Miscellaneous Civil Case 223 of 2024
MS Shariff, J
September 16, 2024
IN THE MATTER OF YIER ALEX OGOLA (DECEASED)
In the matter of
Rebecca Akinyi Ogola
Applicant
Ruling
1. Whereas the deceased one Yier Alex Ogola died on 23rd June, 2007 and whereas his last place of domicile was Kogony, and whereas the court with the geographical jurisdiction is Maseno 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 Maseno SPM’s court for further hearing and determination.
2. It is hereby so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 16THDAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE