[2024] KEHC 11882 (KLR)
The court found that the Kisumu Law Courts did not have the appropriate geographic and pecuniary jurisdiction to hear the succession cause concerning the estate of Atinda Mbata, who was from Upper Tamu Sub-location, Muhoroni. The proper forum for the matter is the Tamu SPM’s Court, which has the requisite...
Source-derived case information.
- Citation
- [2024] KEHC 11882 (KLR)
- Parties
- Applicant: Monica Atieno Omollo; Applicant: John Okoth Owuor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 235 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Suit for Jurisdictional Reasons
- Outcome
- Application for transfer of suit granted; matter transferred to Tamu SPM’s Court.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Atieno Omollo
Applicant
John Okoth Owuor
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Suit for Jurisdictional Reasons
Legal Issues
- 1 Whether the Kisumu Law Courts have the proper geographic and pecuniary jurisdiction to hear Succession Cause No. E711 of 2023.
- 2 Whether the matter should be transferred to the Tamu SPM’s Court for hearing and determination.
Ratio Decidendi
The court found that the Kisumu Law Courts did not have the appropriate geographic and pecuniary jurisdiction to hear the succession cause concerning the estate of Atinda Mbata, who was from Upper Tamu Sub-location, Muhoroni. The proper forum for the matter is the Tamu SPM’s Court, which has the requisite jurisdiction. Accordingly, the court ordered the transfer of the file to the Tamu SPM’s Court for hearing and determination, and directed that the e-file be transmitted forthwith. Upon receipt, the Tamu SPM’s Court is to notify the petitioners to proceed in that court. The Kisumu file is closed.
Court Disposition
Application for transfer of suit granted; matter transferred to Tamu SPM’s Court.
Orders
- Kisumu CMC Succession Cause No. E711 of 2023 is transferred to Tamu SPM’s Court for hearing and determination.
- The e-file to be transmitted forthwith to Tamu SPM’s Court.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Atinda Mbata (Deceased) (Miscellaneous Succession Cause 235 of 2024) [2024] KEHC 11882 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11882 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 235 of 2024
RE Aburili, J
September 30, 2024
IN THE MATTER OF THE ESTATE OF ATINDA MBATA (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY MONICA ATIENO OMOLLO and JOHN OKOTH OWUOR - PETITIONERS
(Arising from Kisumu Chief Magistrate’s Court Succession No. E711 of 2023)
Ruling
1. The deceased Atinda Mbata hailed from Upper Tamu Sub-location, Muhoroni.
2. This is evidenced by the Assistant Chief’s letter dated 16th November 2023 introducing the beneficiaries of the estate and he assets.
3. The Succession Cause was filed at Kisumu Law Courts instead of Tamu Law Courts.
4. The file from Kisumu Law Courts is here for rerouting to the court with geographic as well as pecuniary jurisdiction.
5. I hereby transfer Kisumu CMC Succession Cause No. E711 of 2023 to Tamu SPM’s Court for hearing and determination.
6. The e-file to be transmitted forthwith and upon receipt of the e-file, the court to notify the Petitioners Monica Atieno Omolo and John Okoth Owuor to move that court.
7. This file is closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30TH DAY OF SEPTEMBER, 2024. R. E. ABURILIJUDGE