[2024] KEHC 13686 (KLR)
The court found that since the deceased was a resident of Chiga Sublocation, which falls within the jurisdiction of Winam Law Courts, it was appropriate to transfer the succession cause from the Kisumu Chief Magistrate's Court to the Winam SPM's Court. This would ensure that the matter is heard in the proper forum...
Source-derived case information.
- Citation
- [2024] KEHC 13686 (KLR)
- Parties
- Applicant: Matengo Oloo Wanje
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 246 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed.
- 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
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Parties
Matengo Oloo Wanje
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E287 of 2024 should be transferred to Winam SPM's Court for hearing and determination.
- 2 Whether the petitioner and all beneficiaries will be properly notified and involved in the succession process.
Ratio Decidendi
The court found that since the deceased was a resident of Chiga Sublocation, which falls within the jurisdiction of Winam Law Courts, it was appropriate to transfer the succession cause from the Kisumu Chief Magistrate's Court to the Winam SPM's Court. This would ensure that the matter is heard in the proper forum and that all beneficiaries are adequately notified and involved in the process. The court also directed that the original file and order be transmitted to the Winam SPM's Court and that the petitioner be notified to move the court and prosecute the succession cause, with the involvement of all beneficiaries.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E287 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original file and this order to be transmitted to Winam SPM's Court.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Gertrude Ochweda Wanje (Deceased) (Miscellaneous Succession Cause 246 of 2024) [2024] KEHC 13686 (KLR) (8 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13686 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 246 of 2024
RE Aburili, J
November 8, 2024
IN THE MATTER OF THE ESTATE OF GERTRUDE OCHWEDA WANJE (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY MATENGO OLOO WANJE (PETITIONER]
In the matter of
Matengo Oloo Wanje
Petitioner
(From Original Kisumu Chief Magistrate’s Succession Cause No. E287 of 2024)
Ruling
1. The deceased Gertrude Ochweda Wanje was a resident of Chiga Sublocation which is within the jurisdiction of Winam Law Courts.
2. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E287 of 2024 to Winam SPM’s Court for hearing and final determination.
3. The original Kisumu CM Succession No. E287 of 2024 to be transmitted to Winam SPM’s court together with this order.
4. Upon receipt of the file and order, SPM Winam Law Courts to notify the petitioner using the addresses given and or through the area Chief, to move the court and prosecute the succession cause and to ensure that all the beneficiaries, of the deceased are involved in the succession process.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 8THOF NOVEMBER, 2024R. E. ABURILIJUDGE