[2024] KEHC 6070 (KLR)
The court determined that since the estate properties are situated within the jurisdiction of Maseno SPM’s court and all beneficiaries are known to the local Chief, it is appropriate and in accordance with the law to transfer the Kisumu Chief Magistrate Succession Cause No E072 of 2024 to Maseno SPM’s Court for...
Source-derived case information.
- Citation
- [2024] KEHC 6070 (KLR)
- Parties
- Applicant: Cosmas Odhiambo Nyawara (Deceased); Respondent: Beneficiaries (not individually named)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 169 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; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cosmas Odhiambo Nyawara (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 E072 of 2024 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the original file and order should be transmitted to the receiving court for further action.
Ratio Decidendi
The court determined that since the estate properties are situated within the jurisdiction of Maseno SPM’s court and all beneficiaries are known to the local Chief, it is appropriate and in accordance with the law to transfer the Kisumu Chief Magistrate Succession Cause No E072 of 2024 to Maseno SPM’s Court for hearing and final determination. The court further ordered the transmission of the original file and this order to the receiving court, directing the SPM Maseno Law Courts to notify the parties to proceed with the prosecution of the succession cause. The file before the High Court was accordingly closed.
Court Disposition
Succession cause transferred to Maseno SPM’s Court; original file and order to be transmitted; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No E072 of 2024 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No E072 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 Cosmas Odhiambo Nyawara (Deceased) (Miscellaneous Succession Cause 169 of 2024) [2024] KEHC 6070 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6070 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 169 of 2024
RE Aburili, J
May 29, 2024
Ruling
1. The deceased Cosmas Odhiambo Nyawara was, according to the Chief’s letter dated 27th April 2023, resident of Kajulu Koker Sub-location
2. The estate properties are Kisumu/Koker Kajulu/507 and Kisumu/Koker Kajulu/503 which are within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, East Seme Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No E072 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No E072 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