[2024] KEHC 7970 (KLR)
The court found that the estate properties are situated within the jurisdiction of Maseno SPM’s Court and that all beneficiaries are known to the area chief. Therefore, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E371 of 2023 to Maseno SPM’s Court for...
Source-derived case information.
- Citation
- [2024] KEHC 7970 (KLR)
- Parties
- Applicant: Elizabeth Adhiambo Mawega
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 119 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM’s Court; original file to be transmitted; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
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Parties
Elizabeth Adhiambo Mawega
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E371 of 2023 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the Maseno SPM’s Court has jurisdiction over the estate properties in question.
Ratio Decidendi
The court found that the estate properties are situated within the jurisdiction of Maseno SPM’s Court and that all beneficiaries are known to the area chief. Therefore, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E371 of 2023 to Maseno SPM’s Court for hearing and final determination. The court ordered the transmission of the original file and directed the Maseno SPM’s Court to notify the parties and proceed with the matter.
Court Disposition
Succession cause transferred to Maseno SPM’s Court; original file to be transmitted; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E371 of 2023 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E371 of 2023 to be transmitted to Maseno SPM’s court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Charles Mawega Ayara (Deceased) (Miscellaneous Succession Cause 119 of 2024) [2024] KEHC 7970 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7970 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 119 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF CHARLES MAWEGA AYARA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ELIZABETH ADHIAMBO MAWEGA [PETITIONER]
Ruling
1. The deceased John Charles Mawega Ayara according to the Chief’s letter dated 20th March, 2023, was a resident of Marera Sub-location in North West Kisumu Location.
2. The estate properties are Kisumu/Marera/3380 and Kisumu/Marera/83, which are within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, North West Kisumu Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E371 of 2023 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E371 of 2023 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 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE