[2024] KEHC 6483 (KLR)
The court found that the estate property, Kisumu/Konya/281, is within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the Chief of West Kajulu Location. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E188 of 2024 to...
Source-derived case information.
- Citation
- [2024] KEHC 6483 (KLR)
- Parties
- Applicant: Thomas Omondi Otiende; Respondent: Dalmas Otiende Sije (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 135 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 Succession Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Omondi Otiende
Applicant
Dalmas Otiende Sije (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E188 of 2024 should be transferred to Winam SPM’s Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Winam SPM’s Court.
Ratio Decidendi
The court found that the estate property, Kisumu/Konya/281, is within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the Chief of West Kajulu Location. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E188 of 2024 to Winam SPM’s Court for hearing and final determination. The transfer ensures that the matter is heard by the court with proper territorial jurisdiction over the estate property, thereby promoting efficient administration of justice in succession matters.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E188 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E188 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 dalmas Otiende Sije (Deceased) (Miscellaneous Succession Cause 135 of 2024) [2024] KEHC 6483 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6483 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 135 of 2024
RE Aburili, J
June 3, 2024
In The Matter Of The Estate Of Dalmas Otiende Sije (Deceased) And In The Matter Of An Application Thomas Omondi Otiende (Applicant)
Ruling
1. The deceased Dalmas Otiende Sije was, according to the Chief’s letter dated 20th May 2021, resident of Konya Sub-location in West Kajulu Location.
2. The estate property is Kisumu/Konya/281, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, West Kajulu Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E188 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E188 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 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE