[2024] KEHC 7927 (KLR)
The court found that the estate properties of the deceased are located within the jurisdiction of Maseno SPM’s Court and that all beneficiaries are known to the local Assistant Chief. Therefore, it is appropriate and in the interests of justice to transfer the Kisumu Chief Magistrate Succession Cause No. E338 of...
Source-derived case information.
- Citation
- [2024] KEHC 7927 (KLR)
- Parties
- Applicant: Anne Anyango Odeyo; Respondent: Dalmas Ajuonga Ochika alias Dalmas Ajuoga alias Dalmas Ajuoga Ochuka alias Ajuoga Ochuka (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 121 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Transfer of Cause, Jurisdiction, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anne Anyango Odeyo
Applicant
Dalmas Ajuonga Ochika alias Dalmas Ajuoga alias Dalmas Ajuoga Ochuka alias Ajuoga Ochuka (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E338 of 2023 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the estate properties fall within the jurisdiction of Maseno SPM’s Court.
Ratio Decidendi
The court found that the estate properties of the deceased are located within the jurisdiction of Maseno SPM’s Court and that all beneficiaries are known to the local Assistant Chief. Therefore, it is appropriate and in the interests of justice to transfer the Kisumu Chief Magistrate Succession Cause No. E338 of 2023 to Maseno SPM’s Court for hearing and final determination. The court ordered the transmission of the original file and directed the Maseno SPM’s Court to notify the parties accordingly.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E338 of 2023 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original file to be transmitted to Maseno SPM’s Court together with this order.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Dalmas Ajuonga Ochika alias Dalmas Ajuoga alias Dalmas Ajuoga Ochuka alias Ajuoga Ochuka (Deceased) (Miscellaneous Succession Cause 121 of 2024) [2024] KEHC 7927 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7927 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 121 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF DALMAS AJUONGA OCHIKA alias DALMAS AJUOGA alias DALMAS AJUOGA OCHUKA alias AJUOGA OCHUKA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ANNE ANYANGO ODEYO [PETITIONER]
((From Original Kisumu Chief Magistrate’s Succession Cause No. E338 of 2023)
Ruling
1. The deceased Dalmas Ajuonga Ochika alias Dalmas Ajuoga alias Dalmas Ajuoga Ochuka alias Ajuoga Ochuka according to the Assistant Chief’s letter dated 26th May, 2023, was a resident of Bar ‘B’ in Bar A Sub-location.
2. The estate properties are Kisumu/Bar/1390, 1431,1545 and 1398, which are within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, Bar A Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E338 of 2023 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E338 of 2023 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 using the addresses given and or through the area chief 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 28th Day of June 2024R. E. ABURILIJUDGEPage 1 of 1