[2024] KEHC 6464 (KLR)
The court determined that since the estate property, Kisumu/Buoye/1419, is within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the local Assistant Chief, it is proper and efficient to transfer Kisumu Chief Magistrate Succession Cause No. E219 of 2024 to Winam SPM's Court for hearing and...
Source-derived case information.
- Citation
- [2024] KEHC 6464 (KLR)
- Parties
- Applicant: Gabriel Otieno Oloo; Respondent: Augustine Oloo Ondiek alias Augustino Oloo Ondiek (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 132 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Otieno Oloo
Applicant
Augustine Oloo Ondiek alias Augustino Oloo Ondiek (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E219 of 2024 should be transferred to Winam SPM's Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Winam SPM's Court.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Buoye/1419, is within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the local Assistant Chief, it is proper and efficient to transfer Kisumu Chief Magistrate Succession Cause No. E219 of 2024 to Winam SPM's Court for hearing and final determination. The transfer ensures that the matter is handled by the court with territorial jurisdiction over the estate, in accordance with the Law of Succession Act and established practice. The court further directed the transmission of the original file and order to the receiving court and instructed the SPM Winam Law Courts to notify the parties to proceed with the...
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E219 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E219 of 2024 file and this order to be transmitted to Winam SPM's Court.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Augustine Oloo Ondiek alias Augustino Oloo Ondiek (Deceased) (Miscellaneous Succession Cause 132 of 2024) [2024] KEHC 6464 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6464 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 132 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF AUGUSTINE OLOO ONDIEK alias AUGUSTINO OLOO ONDIEK (DECEASED) AND IN THE MATTER OF AN APPLICATION BY GABRIEL OTIENO OLOO (APPLICANT)
Ruling
1. The deceased Augustine Oloo Ondiek alias Augustino Oloo Ondiek was, according to the Assistant Chief’s letter dated 21st April, 2021, resident of Mayenya Sub-location, East Kolwa Location, East Kisumu Sub-county in Kisumu County.
2. The estate property is Kisumu/Buoye/1419, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Mayenya Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E219 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E219 of 2024 to be transmitted to Winam SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Winam Law Courts to notify the parties to move the court and prosecute the succession cause.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RDDAY OF JUNE, 2024R. E. ABURILIJUDGE