[2024] KEHC 7749 (KLR)
The court determined that since the estate property of the deceased, Daniel Deya Meto, is situated within the jurisdiction of Maseno SPM's Court, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E010 of 2024 to Maseno SPM's Court for hearing and final...
Source-derived case information.
- Citation
- [2024] KEHC 7749 (KLR)
- Parties
- Applicant: Judith Anyango Meto; Respondent: Daniel Deya Meto (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 077 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; file closed at High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Succession Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Judith Anyango Meto
Applicant
Daniel Deya Meto (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E010 of 2024 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether the Maseno SPM's Court has jurisdiction over the estate property of the deceased.
Ratio Decidendi
The court determined that since the estate property of the deceased, Daniel Deya Meto, is situated within the jurisdiction of Maseno SPM's Court, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E010 of 2024 to Maseno 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 subject property, thereby facilitating efficient and lawful administration of the estate. The court also directed that the original file and this ruling be transmitted to Maseno SPM's Court and that the parties be notified accordingly. The file before the High Court...
Court Disposition
Succession cause transferred to Maseno SPM's Court; file closed at High Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E010 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original file and this ruling to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Daniel Deya Meto (Deceased) (Miscellaneous Succession Cause 077 of 2024) [2024] KEHC 7749 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7749 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 077 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Daniel Deya Meto, according to the Assistant Chief’s letter dated 30th November, 2023, 2023, was a resident of Ojola Sub-location.
2. The estate property is Kisumu/Ojola/3199 and Kisumu/ Ojola/2737, which is within the jurisdiction of Maseno SPM’s court. The sole named beneficiary who is the petitioner and the deceased’s sister herein Judith Anyango Meto is known to the Assistant Chief, Ojola Sub-Location. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E010 of 2024 to Maseno SPM’s Court for hearing and final determination.
3. The original Kisumu CM Succession No. E010 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given as the petitioner is represented by an advocate, Mr. Omondi Abande, to move the court and prosecute the succession cause to its final conclusion.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF JUNE 2024R. E. ABURILIJUDGE