[2024] KEHC 12750 (KLR)
The court found that the deceased was ordinarily resident in North Kabodho Sub-location, Nyalunya Location, Lower Nyakach Division of Nyakach Sub-county, which falls within the jurisdiction of the Nyando Senior Principal Magistrate’s Court. The supporting documents, including the Chief’s letter and death...
Source-derived case information.
- Citation
- [2024] KEHC 12750 (KLR)
- Parties
- Applicant: Cavines Odhiambo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 243 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause for Jurisdictional Reasons
- Outcome
- Succession cause transferred to Nyando Senior Principal Magistrate’s Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cavines Odhiambo
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause for Jurisdictional Reasons
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has jurisdiction over the estate of Charles Osano Odhiambo.
- 2 Whether the succession cause should be transferred to the Nyando Senior Principal Magistrate's Court.
Ratio Decidendi
The court found that the deceased was ordinarily resident in North Kabodho Sub-location, Nyalunya Location, Lower Nyakach Division of Nyakach Sub-county, which falls within the jurisdiction of the Nyando Senior Principal Magistrate’s Court. The supporting documents, including the Chief’s letter and death certificate, confirmed this fact. Therefore, the Kisumu Chief Magistrate’s Court lacked jurisdiction to hear the matter, and it was appropriate to transfer the succession cause to the Nyando Senior Principal Magistrate’s Court for hearing and determination.
Court Disposition
Succession cause transferred to Nyando Senior Principal Magistrate’s Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate’s Court Succession Cause No. E349 of 2024 is transferred to Nyando Senior Principal Magistrate’s Court for hearing and determination.
- The e-file to be transmitted to Nyando Law Courts and upon receipt, the Petitioner to be notified forthwith to move the court.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Charles Osano Odhiambo (Deceased) (Miscellaneous Succession Cause 243 of 2024) [2024] KEHC 12750 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12750 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 243 of 2024
RE Aburili, J
October 24, 2024
IN THE MATTER OF THE ESTATE OF CHARLES OSANO ODHIAMBO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY CAVINES ODHIAMBO - PETITIONER
(Arising from Kisumu Chief Magistrate’s Court Succession No. E349 of 2024)
Ruling
1. The deceased Charles Osano Odhiambo hailed from North Kabodho Sub-location, Nyalunya Location, Lower Nyakach Division of Nyakach Sub-county which is within the jurisdiction of Nyando Senior Principal Magistrate’s Court.
2. This is supported by the death certificate and the Chief’s letter dated 10th June 2024 identifying all beneficiaries of the deceased and her assets.
3. Accordingly, the Chief Magistrate’s Court at Kisumu brought this matter for directions on geographical jurisdiction.
4. I hereby transfer Kisumu Chief Magistrate’s Court Succession Cause No. E349 of 2024 to Nyando Senior Principal Magistrate’s court for hearing and determination.
5. The e-file to be transmitted to Nyando Law Courts and upon receipt, to notify the Petitioner forthwith to move the court.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF OCTOBER, 2024R. E. ABURILIJUDGE