[2024] KEHC 7758 (KLR)
The court determined that since the deceased was domiciled in Lower Kanyawegi and the estate property is situated within the jurisdiction of Maseno Law Courts, it is proper and in accordance with the law that Kisumu CM Succession Cause No. E029 of 2024 be transferred to Maseno SPM's Court. The transfer ensures that...
Source-derived case information.
- Citation
- [2024] KEHC 7758 (KLR)
- Parties
- Applicant: Abiero Anderikus Amoke (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 088 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abiero Anderikus Amoke (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu CM Succession Cause No. E029 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 determined that since the deceased was domiciled in Lower Kanyawegi and the estate property is situated within the jurisdiction of Maseno Law Courts, it is proper and in accordance with the law that Kisumu CM Succession Cause No. E029 of 2024 be transferred to Maseno SPM's Court. The transfer ensures that the matter is prosecuted in the court with the correct territorial jurisdiction, as required by succession law and procedural fairness.
Court Disposition
Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu CM Succession Cause No. E029 of 2024 is transferred to Maseno SPM's Court.
- The original Kisumu CM Succession 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 of Abiero Anderikus Amoke (Deceased) (Miscellaneous Succession Cause 088 of 2024) [2024] KEHC 7758 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7758 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 088 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Abiero Anderikus Amoke, according to the documents filed, including letter dated 30/11/2023 by the Assistant Chief, Lower Kanyawegi Sub Location, was a resident of Lower Kanyawegi which is within the jurisdiction of Maseno law Courts. Similarly, the estate property is described as Kisumu/Kanyawegi/111
2. I hereby transfer Kisumu CM Succession Cause No. E029 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E029 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 before any grant can issue.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE