[2024] KEHC 6495 (KLR)
The court found that the estate property, Kisumu/Koker Kajulu/412, is located within the jurisdiction of the Winam SPM's Court. As such, and in the absence of any objection, it is appropriate and in accordance with the law to transfer the succession cause from the Kisumu Chief Magistrate's Court to the Winam SPM's...
Source-derived case information.
- Citation
- [2024] KEHC 6495 (KLR)
- Parties
- Applicant: George Otieno Ochieng; Respondent: Estate of Daniel Ochieng Odero (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 154 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM's Court; original file and order to be transmitted; Kisumu file 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
George Otieno Ochieng
Applicant
Estate of Daniel Ochieng Odero (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the succession cause should be transferred from Kisumu Chief Magistrate's Court 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/Koker Kajulu/412, is located within the jurisdiction of the Winam SPM's Court. As such, and in the absence of any objection, it is appropriate and in accordance with the law to transfer the succession cause from the Kisumu Chief Magistrate's Court to the 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 and compliance with statutory requirements.
Court Disposition
Succession cause transferred to Winam SPM's Court; original file and order to be transmitted; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E073 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E073 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 Daniel Ochieng Odero (Deceased) (Miscellaneous Succession Cause 154 of 2024) [2024] KEHC 6495 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6495 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 154 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF DANIEL OCHIENG ODERO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY GEORGE OTIENO OCHIENG (APPLICANT)
Ruling
1. The deceased Daniel Ochieng Odero was, according to the Chief’s letter dated 27th April, 2023, resident of Koker/Kajulu Sub-location, East Seme Location.
2. The estate property is Kisumu/Koker Kajulu/412, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, East Seme Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E073 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E073 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