[2024] KEHC 7983 (KLR)
The court determined that since the estate property, Kisumu/Kit Mikayi/2233, is within the jurisdiction of Maseno SPM’s Court, and all beneficiaries are known to the area Chief, the proper forum for hearing and determining the succession cause is the Maseno SPM’s Court. The court ordered the transfer of Kisumu Chief...
Source-derived case information.
- Citation
- [2024] KEHC 7983 (KLR)
- Parties
- MISSING: Francis Waga Olocho alias Waga Olocho (Deceased); Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 120 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling
- Outcome
- Succession cause transferred to Maseno SPM’s Court; High Court file closed.
- 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
Francis Waga Olocho alias Waga Olocho (Deceased)
MISSING
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling
Legal Issues
- 1 Whether the succession cause should be transferred to the appropriate court with jurisdiction over the estate property.
- 2 Whether the parties should be notified and the file transmitted accordingly.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Kit Mikayi/2233, is within the jurisdiction of Maseno SPM’s Court, and all beneficiaries are known to the area Chief, the proper forum for hearing and determining the succession cause is the Maseno SPM’s Court. The court ordered the transfer of Kisumu Chief Magistrate Succession Cause No. E441 of 2023 to Maseno SPM’s Court, with instructions for the original file and this order to be transmitted accordingly. The court further directed that upon receipt, the SPM Maseno Law Courts should notify the parties using the provided addresses or through the area chief to enable prosecution of the succession cause. The High Court file was...
Court Disposition
Succession cause transferred to Maseno SPM’s Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E441 of 2023 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E441 of 2023 to be transmitted to Maseno SPM’s court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Framcis Waga Olocho alias Waga Olocho (Decesed) (Miscellaneous Succession Cause 120 of 2024) [2024] KEHC 7983 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7983 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 120 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Francis Waga Olocho alias Waga Olocho according to the Chief’s letter dated 2nd August, 2023, was a resident of Kit Mikayi village in East Seme Location.
2. The estate property is Kisumu/Kit Mikayi/2233, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, East Seme Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E441 of 2023 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E441 of 2023 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. ABURILIJUDGEPage 1 of 1