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Josphat Mwania Muia v. Loice Atieno Oduk

(2020) JELR 100531 (CA)

Court of Appeal  •  Civil Appeal 181 of 2018  •  22 May 2020  •  Kenya

Coram
Martha Karambu Koome, Milton Stephen Asike Makhandia, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. This is an interlocutory appeal arising from the Ruling of the High Court Makueni, C. Kariuki, J. delivered on 12th April, 2018. By the said Ruling, the learned Judge ordered that the High Court Succession Cause No. 451 of 2017 (In the matter of the Estate of Asby Masila Muia (deceased) be transferred from the High Court at Makueni to the High Court Kisumu for hearing and final determination. Josphat Mwania Muia (the appellant) being aggrieved by the said order filed the instant appeal. There are a total of five (5) grounds of appeal which basically challenge the jurisdiction of the learned Judge in issuing the order of transfer.

2. The issue before us for determination therefore remains whether the learned Judge had jurisdiction to order transfer of the said Succession Cause from Makueni to Kisumu High Court. There are many contentious issues which do not concern us, but we think it is appropriate to give some brief background so as to contextualize this Judgem…

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