[2024] KEHC 7962 (KLR)
The court found that the estate property, Kisumu/Kowe/2040, is situated within the jurisdiction of Maseno SPM's Court and that all beneficiaries are known to the area chief of North Central Seme Location. Therefore, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession...
Source-derived case information.
- Citation
- [2024] KEHC 7962 (KLR)
- Parties
- Applicant: Phelimon Odalo Nyanga; Respondent: Eliakim Otieno Were (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 115 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred to Maseno SPM's Court.
- 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
Phelimon Odalo Nyanga
Applicant
Eliakim Otieno Were (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E202 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.
Ratio Decidendi
The court found that the estate property, Kisumu/Kowe/2040, is situated within the jurisdiction of Maseno SPM's Court and that all beneficiaries are known to the area chief of North Central Seme Location. Therefore, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E202 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 estate property, facilitating efficient administration of the estate and proper notification of all beneficiaries.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Maseno SPM's Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E202 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original file and this order to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Eliakim Otieno Were (Deceased) (Miscellaneous Succession Cause 115 of 2024) [2024] KEHC 7962 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7962 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 115 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF ELIAKIM OTIENO WERE (DECEASED) AND IN THE MATTER OF AN APPLICATION BY PHELIMON ODALO NYANGA [PETITIONER
(From Original Kisumu Chief Magistrate’s Succession Cause No. E202 of 2024)
Ruling
1. The deceased Eliakim Otieno Were according to the Chief’s letter dated 11th April, 2024, was a resident of Kowe South Sub-location, North Central Seme Location, Kombewa Division within Seme Sub-County.
2. The estate property is Kisumu/Kowe/2040, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, North Central Seme Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E202 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E202 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 2024R. E. ABURILIJUDGE