[2024] KEHC 12689 (KLR)

[2024] KEHC 12689 (KLR)

The court found that the property comprising the estate of the deceased is situated within the jurisdiction of Tamu Law Courts. Therefore, the Chief Magistrate Court at Kisumu does not have jurisdiction to hear and determine the matter. In the interest of justice and proper administration, the file is transferred to...

Source-derived case information.

Citation
[2024] KEHC 12689 (KLR)
Parties
Applicant: Dickens Aluoch Nyidha; Respondent: Estate of Carolyn Kaye Okelo (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Family Miscellaneous Civil Case E217 of 2024
Procedural Posture
Family Miscellaneous Civil Case / Ruling on Transfer of Succession Cause
Outcome
Application for transfer of succession cause allowed.
Judges
MS Shariff
Legal Topics
Succession Cause, Jurisdiction of Court, Transfer of Proceedings
Source Language
en
Family and Children Succession Cause Jurisdiction of Court Transfer of Proceedings

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Parties

Dickens Aluoch Nyidha

Applicant

Estate of Carolyn Kaye Okelo (Deceased)

Respondent

Procedural Posture

Family Miscellaneous Civil Case / Ruling on Transfer of Succession Cause

Legal Issues

  1. 1 Whether the Chief Magistrate Court at Kisumu has jurisdiction over the property forming the estate of the deceased.
  2. 2 Whether the succession cause should be transferred to the Tamu Law Courts for hearing and determination.

Ratio Decidendi

The court found that the property comprising the estate of the deceased is situated within the jurisdiction of Tamu Law Courts. Therefore, the Chief Magistrate Court at Kisumu does not have jurisdiction to hear and determine the matter. In the interest of justice and proper administration, the file is transferred to Tamu Law Courts for hearing and determination.

Court Disposition

Application for transfer of succession cause allowed.

Orders

  • The file is transferred to Tamu Law Courts for hearing and determination.