[2024] KEHC 6487 (KLR)
The court found that the estate properties subject to the succession cause are located within the jurisdiction of Winam SPM's Court. Accordingly, it is proper and in accordance with the law that the Kisumu Chief Magistrate Succession Cause No. E165 of 2024 be transferred to Winam SPM's Court for hearing and final...
Source-derived case information.
- Citation
- [2024] KEHC 6487 (KLR)
- Parties
- Applicant: Bernard Nathaniel Odemba; Applicant: Paul Odhiambo Ogonda; Applicant: Samson William Okoth
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 142 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Nathaniel Odemba
Applicant
Paul Odhiambo Ogonda
Applicant
Samson William Okoth
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E165 of 2024 should be transferred to Winam SPM's Court for hearing and determination.
- 2 Whether the estate properties fall within the jurisdiction of Winam SPM's Court.
Ratio Decidendi
The court found that the estate properties subject to the succession cause are located within the jurisdiction of Winam SPM's Court. Accordingly, it is proper and in accordance with the law that the Kisumu Chief Magistrate Succession Cause No. E165 of 2024 be transferred to Winam SPM's Court for hearing and final determination. The transfer ensures that the matter is heard by the court with territorial jurisdiction over the estate, thereby promoting proper administration of justice and compliance with statutory requirements.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E165 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E165 of 2024 file to be transmitted to Winam SPM's Court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate Edward Ogonda Nyonje (Deceased) (Miscellaneous Succession Cause 142 of 2024) [2024] KEHC 6487 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6487 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 142 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF EDWARD OGONDA NYONJE (DECEASED) AND IN THE MATTER OF AN APPLICATION BY BERNARD NATHANIEL ODEMBA, PAUL ODHIAMBO OGONDA and SAMSON WILLIAM OKOTH (APPLICANTS)
Ruling
1. The deceased Edward Ogonda Nyonje was, according to the Chief’s letter dated 5th January, 2024, resident of Nyalunya Sub-location, Central Kolwa Location, Kolwa Division in Kisumu East Sub-county.
2. The estate property is Kisumu/Wathorego/3201 and Kisumu/Nyalunya/52, which are within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, Central Kolwa Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E165 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E165 of 2024 to be transmitted to Winam SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Winam Law Courts to notify the parties to move the court and prosecute the succession cause.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE