[2024] KEHC 10183 (KLR)
The court found that the estate property, Kisumu/Rata/2580, is within the jurisdiction of the Maseno SPM's Court and that all beneficiaries are known to the area chief of Otwenya Location. To ensure the matter is heard in the proper forum, the court ordered the transfer of Kisumu Chief Magistrate Succession Cause...
Source-derived case information.
- Citation
- [2024] KEHC 10183 (KLR)
- Parties
- Applicant: Jackton Okwero Omwok; Respondent: Estate of Ayub Omwok Ochola (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 193 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Succession Cause, Jurisdiction of Succession Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackton Okwero Omwok
Applicant
Estate of Ayub Omwok Ochola (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E278 of 2024 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether the Maseno SPM's Court has jurisdiction over the estate property Kisumu/Rata/2580.
Ratio Decidendi
The court found that the estate property, Kisumu/Rata/2580, is within the jurisdiction of the Maseno SPM's Court and that all beneficiaries are known to the area chief of Otwenya Location. To ensure the matter is heard in the proper forum, the court ordered the transfer of Kisumu Chief Magistrate Succession Cause No. E278 of 2024 to Maseno SPM's Court for hearing and final determination. The court further directed that the original file and this order be transmitted to the Maseno SPM's Court and that the parties be notified accordingly. The High Court then closed its file, having effected the transfer.
Court Disposition
Succession cause transferred to Maseno SPM's Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E278 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E278 of 2024 to be transmitted to Maseno SPM's Court together with this order.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Ayub Omwok Ochola (Deceased) (Miscellaneous Succession Cause 193 of 2024) [2024] KEHC 10183 (KLR) (15 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10183 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 193 of 2024
RE Aburili, J
August 15, 2024
IN THE MATTER OF THE ESTATE OF AYUB OMWOK OCHOLA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JACKTON OKWERO OMWOK [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E278 of 2024)
Ruling
1. The deceased Ayub Omwok Ochola, according to the Chief’s letter dated 3/4/2024, was a resident of North Ratta Sublocation, Otwenya Location, Kombewa Division, Seme Sub county.
2. The estate property is Kisumu/Rata/2580, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, Otwenya Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E278 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E278 of 2024 to be transmitted to Maseno SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given and or through the area chief 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 15THDAY OF AUGUST, 2024R. E. ABURILIJUDGE