[2024] KEHC 10567 (KLR)
The court determined that since the estate property Siaya/Ramba/1538 and all beneficiaries are located in Siaya County, the Siaya High Court is the proper forum for the succession proceedings. The Kisumu High Court therefore lacks territorial jurisdiction, and the matter should be transferred to Siaya High Court for...
Source-derived case information.
- Citation
- [2024] KEHC 10567 (KLR)
- Parties
- Applicant: Jecinter Akinyi Odhiambo; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E051 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted; file transferred to Siaya High Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Transfer of Proceedings, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jecinter Akinyi Odhiambo
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to continue hearing the succession matter concerning the estate of George Odhiambo Akal.
- 2 Whether the matter should be transferred to the Siaya High Court where the estate property and beneficiaries are located.
Ratio Decidendi
The court determined that since the estate property Siaya/Ramba/1538 and all beneficiaries are located in Siaya County, the Siaya High Court is the proper forum for the succession proceedings. The Kisumu High Court therefore lacks territorial jurisdiction, and the matter should be transferred to Siaya High Court for further handling. The file at Kisumu is accordingly closed and transferred.
Court Disposition
Application for transfer of proceedings granted; file transferred to Siaya High Court; Kisumu file closed.
Orders
- This file together with the original Kisumu HC P&A No. 1127 of 2013 are hereby transferred to Siaya High Court where any dispute pending over the deceased’s estate shall be canvassed.
- From this end, the file is closed.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of George Odhiambo Akal (Deceased) (Miscellaneous Succession Cause E051 of 2024) [2024] KEHC 10567 (KLR) (4 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10567 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E051 of 2024
RE Aburili, J
September 4, 2024
IN THE MATTER OF AN APPLICATION BY JECINTER AKINYI ODHIAMBO - APPLICANT
(Arising from Original Kisumu HC P&A No. 1127 of 2013)
Ruling
1. The deceased George Odhiambo Akal resided in Siaya. The estate property is Siaya/Ramba/1538 which is within the jurisdiction of Siaya High Court. All beneficiaries of the estate are residents of Siaya County.
2. This file together with the original Kisumu HC P&A No. 1127 of 2013 are hereby transferred to Siaya High Court where any dispute pending over the deceased’s estate shall be canvassed.
3. From this end, the file is closed.
4. The parties to be notified forthwith.
5. Order to be typed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE