[2024] KEHC 6484 (KLR)
The court determined that since the estate property Kisumu/Nyalunya/2088 is within the jurisdiction of Winam SPM's court and all beneficiaries are known to the relevant local chief, it is appropriate to transfer Kisumu Chief Magistrate Succession Cause No. E213 of 2024 to Winam SPM's Court for hearing and final...
Source-derived case information.
- Citation
- [2024] KEHC 6484 (KLR)
- Parties
- Applicant: Mary Awino Odongo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 137 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM's Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Succession Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Awino Odongo
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the succession cause should be transferred to the appropriate court with jurisdiction over the estate property.
- 2 Whether the beneficiaries and estate property fall within the jurisdiction of Winam SPM's court.
Ratio Decidendi
The court determined that since the estate property Kisumu/Nyalunya/2088 is within the jurisdiction of Winam SPM's court and all beneficiaries are known to the relevant local chief, it is appropriate to transfer Kisumu Chief Magistrate Succession Cause No. E213 of 2024 to Winam SPM's Court for hearing and final determination. The court ordered the original file and this order to be transmitted to Winam SPM's court, and directed that upon receipt, the parties be notified to proceed with the prosecution of the succession cause. The file before the High Court was closed accordingly.
Court Disposition
Succession cause transferred to Winam SPM's Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E213 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E213 of 2024 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 Meshack Lumumba Were (Deceased) (Miscellaneous Succession Cause 137 of 2024) [2024] KEHC 6484 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6484 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 137 of 2024
RE Aburili, J
June 3, 2024
In The Matter Of The Estate Of Meshack Lumumba Were (Deceased) And In The Matter Of An Application By Mary Awino Odongo (Applicant
Ruling
1. The deceased Meshack Lumumba Were was, according to the Chief’s letter dated 22nd February, 2024, resident of Nyalunya Sub-location, Central Kolwa Location, Kolwa Division in Kisumu East Sub-county.
2. The estate property is Kisumu/Nyalunya/2088, which is 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. E213 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E213 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