[2024] KEHC 7784 (KLR)
The court determined that the proper jurisdiction for the hearing and determination of a succession cause is the court within whose area the deceased was domiciled at the time of death. Since the deceased was a resident of Nyahera Sublocation and the estate property is situated in Kisumu/Nyahera/1390, both falling...
Source-derived case information.
- Citation
- [2024] KEHC 7784 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E091 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; file closed in Kisumu High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu CM Succession Cause No. E122 of 2024 should be transferred to the court within the jurisdiction where the deceased was domiciled.
- 2 Whether the Maseno SPM's Court is the proper forum for the prosecution of the succession cause.
Ratio Decidendi
The court determined that the proper jurisdiction for the hearing and determination of a succession cause is the court within whose area the deceased was domiciled at the time of death. Since the deceased was a resident of Nyahera Sublocation and the estate property is situated in Kisumu/Nyahera/1390, both falling under the jurisdiction of Maseno SPM's Court, the Kisumu CM Succession Cause No. E122 of 2024 should be transferred to that court. The court further directed that the original file and this order be transmitted to Maseno SPM's Court, and that parties be notified to move the court and file all necessary consents before any grant can issue.
Court Disposition
Succession cause transferred to Maseno SPM's Court; file closed in Kisumu High Court.
Orders
- Kisumu CM Succession Cause No. E122 of 2024 is transferred to Maseno SPM's Court.
- The original file and this ruling/order to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Amam Ness alias Amam Ners (Deceased) (Miscellaneous Succession Cause E091 of 2024) [2024] KEHC 7784 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7784 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E091 of 2024
RE Aburili, J
June 28, 2024
In re Estate of Amam Ness alias Amam Ners (Deceased) (Miscellaneous Succession Cause E091 of 2024) [2024] KEHC 7784 (KLR) (28 June 2024) (Ruling)
Ruling
1. The deceased Amam Ness alais Amam Ners nderikus Amoke, according to the documents filed, including letter dated 27th February, 2024 by the Chief, North Kisumu Location, was a resident of Nyahera Sublocation which is within the jurisdiction of Maseno law Courts. Similarly, the estate property is described as Kisumu/Nyahera/1390.
2. I hereby transfer Kisumu CM Succession Cause No. E122 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E122 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 28THDAY OF JUNE 2024R. E. ABURILIJUDGE