[2024] KEHC 11828 (KLR)
The court found that all properties comprising the estate of the deceased are located within Songhor area of Muhoroni, and the estimated value of the estate is Kshs. 3 million. Based on the Chief's letter and the information in the petition, the court determined that the Kisumu Chief Magistrate's Court does not have...
Source-derived case information.
- Citation
- [2024] KEHC 11828 (KLR)
- Parties
- Applicant: Edwina Adhiambo Ogaye
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 234 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings for Jurisdictional Reasons
- Outcome
- Application for transfer of proceedings granted; matter transferred to Tamu Senior Principal Magistrate’s Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Edwina Adhiambo Ogaye
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings for Jurisdictional Reasons
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has geographical and pecuniary jurisdiction to hear the succession cause relating to the estate of Alfred Ogongo Ogaye.
- 2 Whether the matter should be transferred to the court with proper jurisdiction.
Ratio Decidendi
The court found that all properties comprising the estate of the deceased are located within Songhor area of Muhoroni, and the estimated value of the estate is Kshs. 3 million. Based on the Chief's letter and the information in the petition, the court determined that the Kisumu Chief Magistrate's Court does not have the requisite geographical and pecuniary jurisdiction to hear and determine the matter. Accordingly, the court ordered the transfer of Kisumu CMC Succession Cause No. E649 of 2023 to the Tamu Senior Principal Magistrate’s Court, which has the appropriate jurisdiction for hearing and final determination of the matter. The e-file is to be transmitted to the SPM’s Court at Tamu,...
Court Disposition
Application for transfer of proceedings granted; matter transferred to Tamu Senior Principal Magistrate’s Court.
Orders
- Kisumu CMC Succession Cause No. E649 of 2023 is transferred to Tamu Senior Principal Magistrate’s Court for hearing and final determination.
- The e-file to be transmitted to the SPM’s Court at Tamu forthwith.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Alfred Ogongo Ogaye (Deceased) (Miscellaneous Succession Cause 234 of 2024) [2024] KEHC 11828 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11828 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 234 of 2024
RE Aburili, J
September 30, 2024
IN THE MATTER OF THE ESTATE OF ALFRED OGONGO OGAYE (DECEASED)
In the matter of
Edwina Adhiambo Ogaye
Petitioner
(Arising from Original Kisumu Chief Magistrate’s Court Succession No. E649 of 2023)
Ruling
1. The deceased Alfred Ogongo Ogaye resided in Tamu Location as per the Chief’s letter dated 3rd October 2022 introducing the beneficiaries of the estate.
2. All the properties in the estate as per P&A 5 are within Songhor area of Muhoroni and estimated value is Kshs.3 million.
3. The Petitioner Edwina Adhiambo filed the petition for grant before Kisumu Chief Magistrate’s Court.
4. The file is here for rerouting of the matter to the court with geographical and pecuniary jurisdiction.
5. I hereby transfer Kisumu CMC Succession Cause No. E649 of 2023 to Tamu Senior Principal Magistrate’s Court for hearing and final determination.
6. The e-file to be transmitted to the SPM’s Court at Tamu forthwith upon which the court should notify the Petitioner Edwina Adhiambo Ogaye to move the court.
7. This file is closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE