[2024] KEHC 5753 (KLR)
The court determined that since all the assets of the deceased's estate and the petitioner are located in Siaya County, and given that it is unclear whether all issues in the Succession Cause have been resolved, it is appropriate to transfer the matter to the Siaya High Court. This ensures that the proceedings are...
Source-derived case information.
- Citation
- [2024] KEHC 5753 (KLR)
- Parties
- Applicant: Linus Otieno Aguyo; Respondent: Joseph Opondo alias Joseph Aguyo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 208 of 2012
- Procedural Posture
- Succession Cause / Ruling on Transfer of Cause
- Outcome
- Cause transferred to Siaya High Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Cause, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Linus Otieno Aguyo
Applicant
Joseph Opondo alias Joseph Aguyo (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Cause
Legal Issues
- 1 Whether the Succession Cause should be transferred to the Siaya High Court for further handling.
- 2 Whether all issues relating to the estate of the deceased have been resolved.
Ratio Decidendi
The court determined that since all the assets of the deceased's estate and the petitioner are located in Siaya County, and given that it is unclear whether all issues in the Succession Cause have been resolved, it is appropriate to transfer the matter to the Siaya High Court. This ensures that the proceedings are conducted in the most convenient and relevant jurisdiction, facilitating efficient administration of the estate. The Kisumu file is therefore closed, and the parties are to be notified of the transfer.
Court Disposition
Cause transferred to Siaya High Court; Kisumu file closed.
Orders
- This Succession Cause is transferred to Siaya High Court.
- The parties are to be notified of the transfer.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate Joseph Opondo alias Joseph Aguyo (Deceased) (Succession Cause 208 of 2012) [2024] KEHC 5753 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5753 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 208 of 2012
RE Aburili, J
May 9, 2024
IN THE MATTER OF THE ESTATE OF JOSPEH OPONDO alias JOSEPH AGUYO (DECEASED)
AND
IN THE MATTER OF APPLICATION BY LINUS OTIENO AGUYO– PETITIONER/APPLICANT
Ruling
1. This is a 2012 Succession Cause. The last action was a ruling dated 25th March 2023 dismissing summons for revocation of grant.
2. The deceased Joseph Opondo alias Joseph Aguyo hailed from Siaya and all the assets in the estate are within Siaya County.
3. The Petitioner Linus Otieno Aguyo resides in Siaya and his address is given as Siaya. He acted in person.
4. As it is not clear whether all issues involved in this Succession Cause and estate are resolved, I hereby transfer this cause to Siaya High Court.
5. The parties to be notified.
6. From this end, this file is closed.
7. This Ruling to be typed and uploaded in the Case Tracking System.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9THDAY OF MAY, 2024R. E. ABURILIJUDGE