[2024] KEHC 6084 (KLR)
The court found that the estate property, Kisumu/Buoye/1604, is within the jurisdiction of Winam SPM’s Court. Since all beneficiaries are known to the Assistant Chief of Mayenya Sub-location and there is no opposition to the application, it is appropriate and just to transfer the succession cause to the court with...
Source-derived case information.
- Citation
- [2024] KEHC 6084 (KLR)
- Parties
- Applicant: Saymon Onyango Ogonyo; Respondent: Cornel Ogonyo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 164 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred and closed.
- 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
Saymon Onyango Ogonyo
Applicant
Cornel Ogonyo (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the succession cause should be transferred to the appropriate court with jurisdiction over the estate property.
- 2 Whether the original file and order should be transmitted to the receiving court for further proceedings.
Ratio Decidendi
The court found that the estate property, Kisumu/Buoye/1604, is within the jurisdiction of Winam SPM’s Court. Since all beneficiaries are known to the Assistant Chief of Mayenya Sub-location and there is no opposition to the application, it is appropriate and just to transfer the succession cause to the court with territorial jurisdiction. The original file and order are to be transmitted to the Winam SPM’s Court to facilitate the hearing and final determination of the matter. The court thus ordered the transfer and closed the file in the High Court at Kisumu.
Court Disposition
Application for transfer of succession cause allowed; file transferred and closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E100 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E100 of 2024 to be transmitted to Winam SPM’s court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Cornel Ogonyo (Deceased) (Miscellaneous Succession Cause 164 of 2024) [2024] KEHC 6084 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6084 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 164 of 2024
RE Aburili, J
May 29, 2024
IN THE MATTER OF THE ESTATE OF CORNEL OGONYO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY SAYMON ONYANGO OGONYO (APPLICANT)
Ruling
1. The deceased Cornel Ogonyo was, according to the Assistant Chief’s letter dated 25th January 2024, resident of Kolwa East Location, Mayenya Sub-location.
2. The estate property is Kisumu/Buoye/1604 which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Mayenya Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E100 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E100 of 2024 to be transmitted to Winam SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Winam 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 29THDAY OF MAY, 2024R. E. ABURILIJUDGE