[2024] KEHC 10605 (KLR)
The court determined that the Kisumu Chief Magistrate's Court did not have the proper geographical jurisdiction to hear and determine the succession cause, as the estate property is located within the jurisdiction of the Maseno SPM's Court. In the interest of justice and proper administration of the estate, the...
Source-derived case information.
- Citation
- [2024] KEHC 10605 (KLR)
- Parties
- Applicant: Boris Achieng Jagongo; Respondent: Estate of Abiero Anderikus Amoke (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 185 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred to Maseno SPM's Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Jurisdiction Transfer, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boris Achieng Jagongo
Applicant
Estate of Abiero Anderikus Amoke (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has jurisdiction to hear and determine the succession cause relating to the estate of Abiero Anderikus Amoke.
- 2 Whether the succession cause should be transferred to the Maseno SPM's Court for hearing and determination.
Ratio Decidendi
The court determined that the Kisumu Chief Magistrate's Court did not have the proper geographical jurisdiction to hear and determine the succession cause, as the estate property is located within the jurisdiction of the Maseno SPM's Court. In the interest of justice and proper administration of the estate, the court ordered the transfer of the file to the Maseno SPM's Court for hearing and final determination. The court further directed that the original file and this order be transmitted to the Maseno SPM's Court, and that the parties be notified promptly to proceed with the succession cause at the appropriate forum.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Maseno SPM's Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E029 of 2023 is transferred to Maseno SPM's Court for hearing and final determination.
- The original file and this order to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Abiero Anderikus Amoke (Deceased) (Miscellaneous Succession Cause 185 of 2024) [2024] KEHC 10605 (KLR) (4 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10605 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 185 of 2024
RE Aburili, J
September 4, 2024
IN THE MATTER OF THE ESTATE OF ABIERO ANDERIKUS AMOKE (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY BORIS ACHIENG JAGONGO [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E029 of 2024
Ruling
1. The deceased Abiero Anderikus Amoke, according to the Assistant Chief’s letter dated 30/11/2023, was a resident of Kanyawegi Sublocation. The estate property comprises Kisumu/Kanyawegi/1161, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, Kanyawegi Sublocation.
2. The file was availed to the court by the CM’s Court, Kisumu, for transfer to the court with the geographical jurisdiction.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E029 of 2023 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E029 of 2023 to be transmitted to Maseno SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Maseno Law Courts to promptly notify the parties using the addresses given and or through the area Assistant Chief 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 4THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE