[2024] KEHC 12752 (KLR)
The court determined that, based on the deceased's place of residence as evidenced by the death certificate and the Chief’s letter, the proper geographical jurisdiction for the succession cause is the Nyando Senior Principal Magistrate’s Court. Accordingly, the Kisumu Chief Magistrate’s Court Succession Cause No....
Source-derived case information.
- Citation
- [2024] KEHC 12752 (KLR)
- Parties
- Applicant: Cavines Odhiambo; Respondent: Estate of Charles Osano Odhiambo (Deceased)
- 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
- Application for transfer of succession cause allowed; matter transferred to Nyando Senior Principal Magistrate’s Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cavines Odhiambo
Applicant
Estate of Charles Osano Odhiambo (Deceased)
Respondent
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 geographical jurisdiction to hear Succession Cause No. E349 of 2024.
- 2 Whether the matter should be transferred to the Nyando Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court determined that, based on the deceased's place of residence as evidenced by the death certificate and the Chief’s letter, the proper geographical jurisdiction for the succession cause is the Nyando Senior Principal Magistrate’s Court. Accordingly, the Kisumu Chief Magistrate’s Court Succession Cause No. E349 of 2024 was transferred to the Nyando court for hearing and determination. The e-file is to be transmitted to Nyando Law Courts, and the Petitioner is to be notified to move the court upon receipt. The file before the High Court at Kisumu is closed.
Court Disposition
Application for transfer of succession cause allowed; matter transferred to Nyando Senior Principal Magistrate’s Court.
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
20 paragraphs
In re Estate of Charles Osano Odhiambo (Deceased) (Miscellaneous Succession Cause 243 of 2024) [2024] KEHC 12752 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12752 (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