[2024] KEHC 6479 (KLR)
The court determined that since the estate property, Kisumu/Kanyakwar ‘A’/1753, falls within the jurisdiction of Winam SPM’s court and all beneficiaries are known to the local Assistant Chief, it is appropriate and just to transfer the succession cause from the Kisumu Chief Magistrate’s Court to the Winam SPM’s...
Source-derived case information.
- Citation
- [2024] KEHC 6479 (KLR)
- Parties
- Applicant: Abubakar Ali Ondier (Deceased); Respondent: Beneficiaries (not individually named)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 129 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM’s Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Jurisdiction of Court, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abubakar Ali Ondier (Deceased)
Applicant
Beneficiaries (not individually named)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E224 of 2024 should be transferred to Winam SPM’s Court for hearing and determination.
- 2 Which court has proper jurisdiction over the estate property Kisumu/Kanyakwar ‘A’/1753.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Kanyakwar ‘A’/1753, falls within the jurisdiction of Winam SPM’s court and all beneficiaries are known to the local Assistant Chief, it is appropriate and just to transfer the succession cause from the Kisumu Chief Magistrate’s Court to the Winam SPM’s Court for hearing and final determination. This ensures that the matter is prosecuted in the court with proper territorial jurisdiction over the estate property, in accordance with succession law and procedure.
Court Disposition
Succession cause transferred to Winam SPM’s Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E224 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E224 of 2024 to be transmitted to Winam SPM’s court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Abubakar Ali Ondier (Deceased) (Miscellaneous Succession Cause 129 of 2024) [2024] KEHC 6479 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6479 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 129 of 2024
RE Aburili, J
June 3, 2024
Ruling
1. The deceased Abubakar Ali Ondier was, according to the Assistant Chief’s letter dated 19th September, 2023, resident of Nyawita Sub-location, Kondele Location, Winam Division.
2. The estate property is Kisumu/Kanyakwar ‘A’/1753, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Nyawita Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E224 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E224 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