[2024] KEHC 7746 (KLR)
The court determined that since the estate property and all beneficiaries are within the jurisdiction of Maseno SPM’s Court, and given the existence of two succession causes (E613 of 2023 and E444 of 2023) relating to the same deceased person, it is necessary to transfer both matters to Maseno SPM’s Court for...
Source-derived case information.
- Citation
- [2024] KEHC 7746 (KLR)
- Parties
- Applicant: Alice Aloo Asawo; Respondent: Estate of Achola Jakongo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 079 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer and Consolidation of Succession Causes
- Outcome
- Application for transfer and consolidation of succession causes allowed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Jurisdiction of Courts, Consolidation of Succession Causes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Aloo Asawo
Applicant
Estate of Achola Jakongo (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer and Consolidation of Succession Causes
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E613 of 2023 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether consolidation of multiple succession causes relating to the same deceased person is necessary.
Ratio Decidendi
The court determined that since the estate property and all beneficiaries are within the jurisdiction of Maseno SPM’s Court, and given the existence of two succession causes (E613 of 2023 and E444 of 2023) relating to the same deceased person, it is necessary to transfer both matters to Maseno SPM’s Court for hearing and final determination. The court emphasized that succession can only be conducted once for the same deceased, and directed the receiving court to consolidate the causes to avoid parallel proceedings. The transfer ensures proper jurisdiction, prevents duplication, and upholds the integrity of succession proceedings.
Court Disposition
Application for transfer and consolidation of succession causes allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E613 of 2023 is transferred to Maseno SPM’s Court for hearing and final determination.
- Succession Cause No. E444 of 2023 at CMs Court at Kisumu is also transferred to Maseno SPM’s Court.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Achola Jakongo (Deceased) (Miscellaneous Succession Cause 079 of 2024) [2024] KEHC 7746 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7746 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 079 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF ACHOLA JAKONGO (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY ALICE ALOO ASAWO [PETITIONER]
Ruling
1. The deceased Samwel Ngoro Jagongo, according to the Chief’s letter dated 25th August, 2023, was a resident of East Seme Location, Seme Sub County.
2. The estate property is Kisumu/Kitmikayi/2007,2615,2616 &2183 which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, East Seme Location and are residents of East Seme.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E613 of 2023 to Maseno SPM’s Court for hearing and final determination.
4. I however note that the same death certificate for the same person was used to file Succession Cause No. E444//2023 at CMs Court at Kisumu, which is also being transferred. Succession can only be done once even if there are more than one family or house. The SPM’S Court at Maseno to take note of this and ensure consolidation of the two succession Causes.
5. The original Kisumu CM Succession No. E613 of 2023 to be transmitted to Maseno SPM’s court together with this ruling and order.
6. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given and or through the area Chief to move the court and prosecute the succession cause.
7. This file is closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF JUNE 2024R. E. ABURILIJUDGE