[2024] KEHC 7783 (KLR)
The court found that the deceased, Abiero Anderikus Amoke, was domiciled in Lower Kanyawegi and that the estate property is located within the jurisdiction of the Maseno SPM's Court. Based on the evidence provided, including the Assistant Chief's letter, the High Court determined that the Kisumu Chief Magistrate's...
Source-derived case information.
- Citation
- [2024] KEHC 7783 (KLR)
- Parties
- Applicant: Doris Achieng Jagongo Okumbe; Respondent: 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
- Application for transfer of succession cause allowed; matter transferred to Maseno SPM's Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Doris Achieng Jagongo Okumbe
Applicant
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 Succession Cause No. E029 of 2024 should be transferred to the Maseno SPM's Court based on the deceased's domicile and location of estate property.
Ratio Decidendi
The court found that the deceased, Abiero Anderikus Amoke, was domiciled in Lower Kanyawegi and that the estate property is located within the jurisdiction of the Maseno SPM's Court. Based on the evidence provided, including the Assistant Chief's letter, the High Court determined that the Kisumu Chief Magistrate's Succession Cause No. E029 of 2024 was filed in a court lacking territorial jurisdiction. The court therefore ordered the transfer of the succession cause to the Maseno SPM's Court, which has the proper jurisdiction to hear and determine the matter. The court further directed that the original file and this ruling be transmitted to the Maseno SPM's Court, and that the parties be...
Court Disposition
Application for transfer of succession cause allowed; matter transferred to Maseno SPM's Court.
Orders
- Kisumu CM Succession Cause No. E029 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
19 paragraphs
In re Estate of Abiero Anderrikus Amoke (Deceased) (Miscellaneous Succession Cause 088 of 2024) [2024] KEHC 7783 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7783 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 088 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF ABIERO ANDERIKUS AMOKE (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY DORIS ACHIENG JAGONGO OKUMBE [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E029 of 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 2024. R. E. ABURILIJUDGE