[2024] KEHC 7793 (KLR)
The court determined that since the deceased was domiciled in North Central Seme Location and all the estate properties are within the jurisdiction of Maseno Law Courts, it is appropriate and in accordance with the law to transfer Kisumu CM Succession Cause No. E181 of 2024 to Maseno SPM's Court. The transfer...
Source-derived case information.
- Citation
- [2024] KEHC 7793 (KLR)
- Parties
- Applicant: Charles Hongo Ochola (Deceased); Respondent: Not specified
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 105 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Hongo Ochola (Deceased)
Applicant
Not specified
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu CM Succession Cause No. E181 of 2024 should be transferred to the court within the jurisdiction where the deceased was domiciled.
- 2 Whether the estate property falls within the jurisdiction of Maseno SPM's Court.
Ratio Decidendi
The court determined that since the deceased was domiciled in North Central Seme Location and all the estate properties are within the jurisdiction of Maseno Law Courts, it is appropriate and in accordance with the law to transfer Kisumu CM Succession Cause No. E181 of 2024 to Maseno SPM's Court. The transfer ensures that the matter is heard in the proper forum, facilitating efficient administration of the estate and compliance with jurisdictional requirements under the Law of Succession Act.
Court Disposition
Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu CM Succession Cause No. E181 of 2024 is transferred to Maseno SPM's Court.
- The original file and this ruling to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Charles Hongo Ochola (Deceased) (Miscellaneous Succession Cause 105 of 2024) [2024] KEHC 7793 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7793 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 105 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Charles Hongo Ochola, according to the documents filed, including letter dated 25/10/2023 by the Senior Chief, North Central Seme Location, was a resident of that Location, which is within the jurisdiction of Maseno law Courts. Similarly, the estate property listed although no search certificates are annexed to the petition for grant which are Kisumu/Kowe/136, 2457,1125,1385,126, 1487,1387,1490 &1294 are within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E181 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E181 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given to move the court and prosecute the succession cause and to file into court all the necessary consents before any grant can issue.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE