[2024] KEHC 7920 (KLR)
The court found that the estate property, Kisumu/Kanyawegi/2807, is within the jurisdiction of the Maseno SPM's Court and that all beneficiaries are residents of the relevant sub-location. Therefore, it is appropriate and just to transfer the succession cause from the Kisumu Chief Magistrate's Court to the Maseno...
Source-derived case information.
- Citation
- [2024] KEHC 7920 (KLR)
- Parties
- Applicant: Syprose Abongo; Respondent: Estate of Dismas Amolo Lare alias Dismas Abongo Lare (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 108 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Syprose Abongo
Applicant
Estate of Dismas Amolo Lare alias Dismas Abongo Lare (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Succession Cause No. E189 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 Kisumu/Kanyawegi/2807.
Ratio Decidendi
The court found that the estate property, Kisumu/Kanyawegi/2807, is within the jurisdiction of the Maseno SPM's Court and that all beneficiaries are residents of the relevant sub-location. Therefore, it is appropriate and just to transfer the succession cause from the Kisumu Chief Magistrate's Court to the Maseno SPM's Court for hearing and final determination. The transfer will facilitate convenience and proper administration of the estate, ensuring that the matter is heard in the correct forum.
Court Disposition
Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E189 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E189 of 2024 to be transmitted to Maseno SPM's court together with this order.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Dismas Amolo Lare alias Dismas Abongo Lare (Deceased) (Miscellaneous Succession Cause 108 of 2024) [2024] KEHC 7920 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7920 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 108 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF DISMAS AMOLO LARE alias DISMAS ABONGO LARE (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY SYPROSE ABONGO [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E189 of 2024)
Ruling
1. The deceased Dismas Amolo Lare alias Dismas Abongo Lare, according to the Assistant Chief’s letter dated 12th September, 2023, was a resident of Kogada, Lower Kanyawegi Sub-location within Kisumu County.
2. The estate property is Kisumu/Kanyawegi/2807, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, Lower Osiri Sub-location are residents of Lower Osiri Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E189 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E189 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 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 2024. R. E. ABURILIJUDGE