[2024] KEHC 6465 (KLR)
The court determined that since the estate property, Kisumu/Kogony/5654, is within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the Chief of East Kisumu Location, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No E167 of 2024 to Winam SPM's Court for...
Source-derived case information.
- Citation
- [2024] KEHC 6465 (KLR)
- Parties
- MISSING: Gladys Wasonga Abogno (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 141 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling
- Outcome
- Succession cause transferred to Winam SPM's Court; original file and order to be transmitted; file closed in this court.
- 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
Gladys Wasonga Abogno (Deceased)
MISSING
Procedural Posture
Miscellaneous Succession Cause / Ruling
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No E167 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 determined that since the estate property, Kisumu/Kogony/5654, is within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the Chief of East Kisumu Location, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No E167 of 2024 to Winam SPM's Court for hearing and final determination. The transfer will facilitate the efficient administration of the estate and ensure that the matter is heard in the court with proper territorial jurisdiction. The original file and this order are to be transmitted to Winam SPM's Court, which will notify the parties to proceed with the prosecution of the succession cause.
Court Disposition
Succession cause transferred to Winam SPM's Court; original file and order to be transmitted; file closed in this court.
Orders
- Kisumu Chief Magistrate Succession Cause No E167 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No E167 of 2024 to be transmitted to Winam SPM's court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Gladys Wasonga Abogno (Deceased) (Miscellaneous Succession Cause 141 of 2024) [2024] KEHC 6465 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6465 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 141 of 2024
RE Aburili, J
June 3, 2024
Ruling
1. The deceased Gladys Wasonga Abogno was, according to the Chief’s letter dated 27th March, 2024, resident of Kogony in East Kisumu Location.
2. The estate property is Kisumu/Kogony/5654, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, East Kisumu Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No E167 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No E167 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