[2024] KEHC 11752 (KLR)
The court determined that, based on the Assistant Chief’s letter confirming the deceased’s residence in Mayenya Sub-location, East Kolwa location, the proper court with territorial jurisdiction is the Winam Law Courts. The Kisumu Chief Magistrate’s Court, having received a request to reroute the cause, prompted the...
Source-derived case information.
- Citation
- [2024] KEHC 11752 (KLR)
- Parties
- Applicant: Thomas Wanjira Chiewo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 232 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Cause
- Outcome
- Succession Cause transferred to Winam Law Courts; file closed at High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Wanjira Chiewo
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Cause
Legal Issues
- 1 Whether the Succession Cause was filed in the appropriate court of geographical jurisdiction.
- 2 Whether the matter should be transferred to Winam Law Courts for hearing and determination.
Ratio Decidendi
The court determined that, based on the Assistant Chief’s letter confirming the deceased’s residence in Mayenya Sub-location, East Kolwa location, the proper court with territorial jurisdiction is the Winam Law Courts. The Kisumu Chief Magistrate’s Court, having received a request to reroute the cause, prompted the High Court to exercise its supervisory jurisdiction and order the transfer of the Succession Cause to Winam Law Courts for hearing and determination. The court further directed that the e-file be transmitted to Winam Law Courts and the petitioner be notified to move the court accordingly. The file before the High Court was closed as a result.
Court Disposition
Succession Cause transferred to Winam Law Courts; file closed at High Court.
Orders
- Kisumu CMC Succession Cause No. E334 of 2024 is transferred to Winam Law Courts for hearing and determination.
- The e-file to be transmitted to Winam Law Courts.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Chiewo Nyamuok Nyamuok alias Chieo Nyamwok (Deceased) (Miscellaneous Succession Cause 232 of 2024) [2024] KEHC 11752 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11752 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 232 of 2024
RE Aburili, J
September 30, 2024
IN THE MATTER OF THE ESTATE OF CHIEWO NYAMUOK NYAMUOK alias CHIEO NYAMWOK (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY THOMAS WANJIRA CHIEWO - PETITIONER
Ruling
1. The deceased Chiewo Nyamuok, according to the Assistant Chief’s letter dated 21st March 2022 hailed from Mayenya Sub-location, East Kolwa location, which falls within the geographical location of Winam SPM’s Court.
2. The Petitioner Thomas Wanjira Chiewo filed the Succession Cause at Kisumu Chief Magistrate’s Court. The latter court has brought a request to reroute the Cause to Winam Law Courts.
3. I hereby transfer Kisumu CMC Succession Cause No. E334 of 2024 to Winam Law Courts for hearing and determination.
4. The e-file to be transmitted to Winam Law Courts upon which the Petitioner to forthwith be notified to move the court.
5. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE