[2024] KEHC 6086 (KLR)
The court found that the estate property, Kisumu/Buoye/1357, is within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the local Chief. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E088 of 2024 to Winam SPM’s Court...
Source-derived case information.
- Citation
- [2024] KEHC 6086 (KLR)
- Parties
- Applicant: Philip Oluoch Ogolla; Respondent: Gabriel Ogola Nyadundo alias Gabriel Ogola Nyadondo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 167 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred to Winam SPM’s Court.
- Judges
- RE Aburili
- Legal Topics
- Succession, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Oluoch Ogolla
Applicant
Gabriel Ogola Nyadundo alias Gabriel Ogola Nyadondo (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E088 of 2024 should be transferred 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/Buoye/1357, is within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the local Chief. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E088 of 2024 to Winam SPM’s Court for hearing and final determination. The transfer ensures that the matter is heard in the proper forum, facilitating efficient administration of the estate and compliance with jurisdictional requirements under the Law of Succession Act.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Winam SPM’s Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E088 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E088 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 Gabriel Ogola Nyadundo alias Gabriel Ogola Nyadondo (Deceased) (Miscellaneous Succession Cause 167 of 2024) [2024] KEHC 6086 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6086 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 167 of 2024
RE Aburili, J
May 29, 2024
IN THE MATTER OF THE ESTATE OF GABRIEL OGOLA NYADUNDO alias GABRIEL OGOLA NYADONDO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY PHILIP OLUOCH OGOLLA (APPLICANT)
Ruling
1. The deceased Gabriel Ogola Nyadundo alias Gabriel Ogola Nyandondo was, according to the Chief’s letter dated 2nd August 2023, resident of Buoye Sub-location in East Kolwa Location.
2. The estate property is Kisumu/Buoye/1357 which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, East Kolwa Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E088 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E088 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 29TH DAY OF MAY, 2024. R. E. ABURILIJUDGE