In re Estate of Japheth Opolo Ayot alias Appolo Musa (Deceased) [2022] KEHC 14020 (KLR)

In re Estate of Japheth Opolo Ayot alias Appolo Musa (Deceased) (Succession Appeal 6 of 2021) [2022] KEHC 14020 (KLR) (19 September 2022) (Ruling)

Neutral citation: [2022] KEHC 14020 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Appeal 6 of 2021

RE Aburili, J

September 19, 2022

Between

Joshua Allan Opolo

1st Appellant

Samuel Otieno Ayot

2nd Appellant

and

Mary Nyagar

1st Respondent

Cariss Nyagar

2nd Respondent

(Being an appeal from the judgment/decree of Hon. J. P. Nandi Principal Magistrate in Bondo delivered on the 9th June 2021 in Bondo Succession Cause No 250 of 2020)

Ruling

1. The appeal arises from Bondo PM CC No 250 of 2020.

2. There is no reason why the appeal was filed in Kisumu High Court when Bondo principal magistrate’s court is within the jurisdiction of Siaya High Court.

3. I hereby order for transfer of this appeal from Kisumu High Court to Siaya High Court for hearing and final determination.

4. The deputy registrar, Siaya High Court to thereafter call for the trial court record for purposes of admitting the appeal once registered in Siaya High Court.

5. Parties to be notified by the court.

6. File closed.

7. Orders accordingly.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF SEPTEMBER 2022R. E. ABURILIJUDGE