[2024] KEHC 52 (KLR)
The court found that all parties and the estate of the deceased are domiciled in Siaya County. Accordingly, it is proper and just for the succession proceedings, including the application for revocation of grant, to be heard and determined by the Siaya High Court, which has territorial jurisdiction over the matter....
Source-derived case information.
- Citation
- [2024] KEHC 52 (KLR)
- Parties
- Applicant: Paul Omondi Osewe; Applicant: Florence Juma Owingo; Applicant: Janet Shishali Makuti; Respondent: Ambrose Nyapada
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E013 of 2023
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted; files transferred to Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Revocation of Grant, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Omondi Osewe
Applicant
Florence Juma Owingo
Applicant
Janet Shishali Makuti
Applicant
Ambrose Nyapada
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession proceedings should be transferred to the Siaya High Court for hearing and determination.
- 2 Whether the parties and the estate are properly domiciled in Siaya County for purposes of jurisdiction.
Ratio Decidendi
The court found that all parties and the estate of the deceased are domiciled in Siaya County. Accordingly, it is proper and just for the succession proceedings, including the application for revocation of grant, to be heard and determined by the Siaya High Court, which has territorial jurisdiction over the matter. The Kisumu High Court therefore directed the transfer of both the current file and the original succession cause file to the Siaya High Court for hearing and final determination, and ordered that the files be closed at Kisumu.
Court Disposition
Application for transfer of proceedings granted; files transferred to Siaya High Court.
Orders
- This file together with HC Succession Cause No. 342 of 2006 be transferred to Siaya High Court for hearing and final determination.
- Directions to be typed and an order be extracted.
Full Case Text
Judgment text and source record
28 paragraphs
In re Estate of Alfred Agola Nyapada (Deceased) (Miscellaneous Succession Cause E013 of 2023) [2024] KEHC 52 (KLR) (15 January 2024) (Ruling)
Neutral citation: [2024] KEHC 52 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E013 of 2023
RE Aburili, J
January 15, 2024
IN THE MATTER OF THE ESTATE OF ALFRED AGOLA NYAPADA (DECEASED) AND IN THE MATTER OF APPLICATION BY
Between
Paul Omondi Osewe
1st Objector
Florence Juma Owingo
2nd Objector
Janet Shishali Makuti
3rd Objector
and
Ambrose Nyapada
Respondent
Ruling
1. I have considered the summons for revocation of grant dated 1st August 2023 filed under HC Misc. Family No. E013 of 2023 whose original file is HC Succession Cause No. 342 of 2006.
2. I observe that the parties and the estate of the deceased are all domiciled in Siaya County.
3. I hereby direct that this file together with HC Succession Cause No. 342 of 2006 be transferred to Siaya High Court for hearing and final determination.
4. These directions to be typed and an order be extracted.
5. The original file to be transmitted to Siaya High Court forthwith.
6. Parties to be notified.
7. From this end, the two files are now closed.
8. I so direct.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF JANUARY, 2024R. E. ABURILIJUDGE