[2024] KEHC 7789 (KLR)
The court found that both the deceased's domicile and the estate property are within the jurisdiction of Maseno SPM's Court, as evidenced by the Chief's letter and the property search certificate. Therefore, the Kisumu CM Succession Cause No. E160 of 2024 was improperly filed in Kisumu and must be transferred to...
Source-derived case information.
- Citation
- [2024] KEHC 7789 (KLR)
- Parties
- MISSING: Norbertus Ogone Ouko (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E096 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; file closed in Kisumu.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Norbertus Ogone Ouko (Deceased)
MISSING
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu CM Succession Cause No. E160 of 2024 should be transferred to the court with proper territorial jurisdiction.
- 2 Whether the estate property and domicile of the deceased fall within the jurisdiction of Maseno SPM's Court.
Ratio Decidendi
The court found that both the deceased's domicile and the estate property are within the jurisdiction of Maseno SPM's Court, as evidenced by the Chief's letter and the property search certificate. Therefore, the Kisumu CM Succession Cause No. E160 of 2024 was improperly filed in Kisumu and must be transferred to Maseno SPM's Court, which has the proper territorial jurisdiction to hear and determine the matter. The court further directed that upon transfer, the parties must be notified and all necessary consents filed, especially considering the polygamous and large nature of the family, before any grant can issue.
Court Disposition
Succession cause transferred to Maseno SPM's Court; file closed in Kisumu.
Orders
- Kisumu CM Succession Cause No. E160 of 2024 is transferred to Maseno SPM's Court.
- The original file and this ruling to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate Norbertus Ogone Ouko (Deceased) (Miscellaneous Succession Cause E096 of 2024) [2024] KEHC 7789 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7789 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E096 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Norbertus Ogone Ouko, according to the documents filed, including letter dated 5th February, 2024 by the Chief, South East Kisumu Location, was a resident of Upper Kanyawegi Sublocation Kisumu West Sub County, which is within the jurisdiction of Maseno law Courts. Similarly, the estate property listed as per the search certificate annexed to the petition for grant which is Kisumu/Kanyawegi/2856 is within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E160 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E160 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given to move the court and prosecute the succession cause and to file into court all the necessary consents, this being a polygamous and large family, before any grant can issue.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF JUNE 2024R. E. ABURILIJUDGE