[2024] KEHC 6071 (KLR)
The court determined that since the estate property, Kisumu/Korer/Kajulu/408, is located within the jurisdiction of Maseno SPM’s Court, it is proper and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E066 of 2024 to Maseno SPM’s Court for hearing and final determination. The...
Source-derived case information.
- Citation
- [2024] KEHC 6071 (KLR)
- Parties
- Applicant: Cleopus Ochenya Kembe (Deceased); Respondent: Beneficiaries (not individually named)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 171 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM’s Court; original file and order to be transmitted; file at Kisumu closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Jurisdiction Transfer, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cleopus Ochenya Kembe (Deceased)
Applicant
Beneficiaries (not individually named)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E066 of 2024 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Maseno SPM’s Court.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Korer/Kajulu/408, is located within the jurisdiction of Maseno SPM’s Court, it is proper and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E066 of 2024 to Maseno SPM’s Court for hearing and final determination. The transfer ensures that the matter is prosecuted in the appropriate forum, as required by the Law of Succession Act and the Probate and Administration Rules. The court further directed that the original file and this order be transmitted to Maseno SPM’s Court and that the parties be notified to proceed with the prosecution of the succession cause there.
Court Disposition
Succession cause transferred to Maseno SPM’s Court; original file and order to be transmitted; file at Kisumu closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E066 of 2024 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E066 of 2024 to be transmitted to Maseno SPM’s court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Cleopus Ochenya Kembe (Deceased) (Miscellaneous Succession Cause 171 of 2024) [2024] KEHC 6071 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6071 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 171 of 2024
RE Aburili, J
May 29, 2024
Ruling
1. The deceased Cleopus Ochenya Kembe was, according to the Assistant Chief’s letter dated 24th January 2024, resident of East Kanyadwera Sub-location.
2. The estate property is Kisumu/Korer/Kajulu/408 which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, East Kanyadwera Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E066 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E066 of 2024 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 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 29TH DAY OF MAY, 2024R. E. ABURILIJUDGE