[2024] KEHC 14415 (KLR)
The court found that, since the deceased and the estate property are domiciled in Siaya County and the Siaya High Court now exists, jurisdiction properly lies with that court. The original succession cause was filed in Kisumu before the establishment of Siaya High Court, but with the new court's existence and the...
Source-derived case information.
- Citation
- [2024] KEHC 14415 (KLR)
- Parties
- Applicant: Rose Otieno; Respondent: Vincent Samson Oduor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E095 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Summons for Revocation of Grant and Transfer of Proceedings
- Outcome
- Matter transferred to Siaya High Court; file at Kisumu closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Revocation of Grant, Jurisdiction Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Otieno
Applicant
Vincent Samson Oduor
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Revocation of Grant and Transfer of Proceedings
Legal Issues
- 1 Whether the summons for revocation of grant should be certified as urgent.
- 2 Whether the High Court at Kisumu retains jurisdiction over the estate now that Siaya High Court exists and the property is within Siaya County.
- 3 Whether the matter should be transferred to Siaya High Court for hearing and determination.
Ratio Decidendi
The court found that, since the deceased and the estate property are domiciled in Siaya County and the Siaya High Court now exists, jurisdiction properly lies with that court. The original succession cause was filed in Kisumu before the establishment of Siaya High Court, but with the new court's existence and the property being within its jurisdiction, the matter should be transferred for hearing and final determination. The court declined to certify the application as urgent and ordered the transfer of both the current miscellaneous cause and the original succession cause to Siaya High Court, closing the file at Kisumu.
Court Disposition
Matter transferred to Siaya High Court; file at Kisumu closed.
Orders
- This matter and Kisumu HC Succession Cause No. 102 of 2011 are transferred to Siaya High Court for hearing and final determination.
- The original files to be submitted to Siaya High Court forthwith.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Gabriel Onyango Rawayo (Deceased) (Miscellaneous Succession Cause E095 of 2024) [2024] KEHC 14415 (KLR) (19 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14415 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E095 of 2024
RE Aburili, J
November 19, 2024
IN THE MATTER OF THE ESTATE OF GABRIEL ONYANGO RAWAYO (DECEASED)
Between
Rose Otieno
Applicant
and
Vincent Samson Oduor
Respondent
Ruling
1. I have considered the summons for revocation of grant dated 7th November 2024 under certificate of urgency. I do not certify it urgent.
2. I observe that the estate of the deceased and the deceased are domiciled in Siaya County and that the Succession Cause No. 102 of 2011 was filed in this court in 2011 before establishment of Siaya High Court in 2015.
3. Now that Siaya High Court exists and the land subject of the dispute is North Ugenya/Sega/2066 is within the jurisdiction of Siaya High Court, the deceased having resided at Sega within Siaya County, I hereby direct that this matter and Kisumu HC Succession Cause No. 102 of 2011 are hereby transferred to Siaya High Court for hearing and final determination of the pending issues.
4. The original files herein to be submitted to Siaya High Court forthwith.
5. This file is closed.
6. Ruling to be typed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE