[2024] KEHC 6462 (KLR)
The court found that the estate property, Kisumu/Kasule/29 and Kisumu/Kasule/590, is located within the jurisdiction of Winam SPM's Court. All beneficiaries are known to the Assistant Chief of Kasule Sub-location. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate...
Source-derived case information.
- Citation
- [2024] KEHC 6462 (KLR)
- Parties
- MISSING: Gideon Onyango Ayugi (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 146 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM's Court; file closed in current court.
- Judges
- RE Aburili
- Legal Topics
- Succession, Transfer of Succession Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gideon Onyango Ayugi (Deceased)
MISSING
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E145 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/Kasule/29 and Kisumu/Kasule/590, is located within the jurisdiction of Winam SPM's Court. All beneficiaries are known to the Assistant Chief of Kasule Sub-location. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E145 of 2024 to Winam SPM's Court for hearing and final determination. The original file and this order are to be transmitted to Winam SPM's Court, which will notify the parties to proceed with the succession cause. The file before this court is closed.
Court Disposition
Succession cause transferred to Winam SPM's Court; file closed in current court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E145 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
16 paragraphs
In re Estate of Gideon Onyango Ayugi (Deceased) (Miscellaneous Succession Cause 146 of 2024) [2024] KEHC 6462 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6462 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 146 of 2024
RE Aburili, J
June 3, 2024
Ruling
1. The deceased Gideon Onyango Ayugi was, according to the Assistant Chief’s letter dated 5th March, 2024, resident of Kasule Sub-location, Kolwa Central Location within Kisumu East Sub-county.
2. The estate property is Kisumu/Kasule/29 and Kisumu/Kasule/590, which are within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Kasule Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E145 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E145 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 3rd Day of June, 2024R. E. ABURILIJUDGEPage 2 of 2