' 1. Letter dated 17.9.25 by Sonye Ondari & Co advocates is noted .
2. The same was registered in this court. .Etago law courts has since been established to serve the people of Etago sub -county in the spirit of access to justice under Article 48 of the constitution and section 11 of the Civil procedure Act.. The estate herein is Within the Jurisdiction of Etago law courts and deceased also hailed from there . Section 18 (1) (b) (ii)of the Civil procedure Act bestows upon the High Court the powers to transfer suits of a civil nature. It provides;
“(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court may at any stage—
(b) withdraw any suit or other proceeding pending in any court subordinate to it, and thereafter—
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the court from which it was withdrawn.
I Proceed invoke provisions section 18 (1) (b) (ii) of the Civil Procedure Act and order withdraw this cause from this court and transfer to Etago Law Courts for hearing and determination. Mention on 10.12.25 at Etago Law courts for further orders . parties be notified of the mention date .
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2. The same was registered in this court. .Etago law courts has since been established to serve the people of Etago sub -county in the spirit of access to justice under Article 48 of the constitution and section 11 of the Civil procedure Act.. The estate herein is Within the Jurisdiction of Etago law courts and deceased also hailed from there . Section 18 (1) (b) (ii)of the Civil procedure Act bestows upon the High Court the powers to transfer suits of a civil nature. It provides;
“(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court may at any stage—
(b) withdraw any suit or other proceeding pending in any court subordinate to it, and thereafter—
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the court from which it was withdrawn.
I Proceed invoke provisions section 18 (1) (b) (ii) of the Civil Procedure Act and order withdraw this cause from this court and transfer to Etago Law Courts for hearing and determination. Mention on 10.12.25 at Etago Law courts for further orders . parties be notified of the mention date .
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