[2023] KEHC 22859 (KLR)
The court determined that since the deceased and the estate assets are domiciled in Siaya County, and the parties have not actively pursued the objection proceedings in Kisumu, it is just and efficient to transfer the file to the Siaya High Court. This will allow the court with local jurisdiction over the estate and...
Source-derived case information.
- Citation
- [2023] KEHC 22859 (KLR)
- Parties
- Applicant: Truphena Akoth; Respondent: Geoffrey Owuor; Respondent: Fredrick Oyugi Lang’O
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 746 of 2010
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- file transferred to Siaya High Court; Kisumu file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, Estate Administration, Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Truphena Akoth
Applicant
Geoffrey Owuor
Respondent
Fredrick Oyugi Lang’O
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Kisumu is the appropriate forum to continue hearing the succession cause relating to the estate of Anselmus Ochieng Oyugi.
- 2 Whether the matter should be transferred to the Siaya High Court for determination of pending issues.
Ratio Decidendi
The court determined that since the deceased and the estate assets are domiciled in Siaya County, and the parties have not actively pursued the objection proceedings in Kisumu, it is just and efficient to transfer the file to the Siaya High Court. This will allow the court with local jurisdiction over the estate and parties to consider and determine any pending issues. The transfer is also necessitated by the fact that an appeal relating to one of the estate's assets is pending before the Court of Appeal, and the objection proceedings have been in abeyance. The Kisumu file is therefore closed, and the matter is to proceed before the Siaya High Court.
Court Disposition
file transferred to Siaya High Court; Kisumu file closed
Orders
- The file is transferred to Siaya High Court for consideration and determination of any pending issues.
- Mention before Siaya High Court is set for 18th October 2023.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Anselmus Ochieng Oyugi (Decaesed) (Succession Cause 746 of 2010) [2023] KEHC 22859 (KLR) (26 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22859 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 746 of 2010
RE Aburili, J
September 26, 2023
Between
Truphena Akoth
Applicant
and
Geoffrey Owuor
1st Respondent
Fredrick Oyugi Lang’O
2nd Respondent
Ruling
1. I have perused this file and it appears that the parties lost interest after a matter relating to one of the assets of the estate was litigated upon and an appeal filed before the court of Appeal hence the objection proceedings herein were kept in abeyance.
2. However, the parties and the estate of the deceased as described are shown to be domiciled in Siaya County as the assets are in Ugenya Sub County.
3. For the above reasons, I hereby transfer this file to Siaya High Court to consider and determine any pending issues between the family of the deceased Anselmus Ochieng Oyugi.
4. Mention before Siaya High Court shall be on 18th October 2023. Mr. P. D. Onyango Advocate to notify the clients and other persons interested in the matter to attend the mention.
5. This file is now closed from this end.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2023R. E. ABURILIJUDGE