[2024] KEHC 6451 (KLR)

[2024] KEHC 6451 (KLR)

The court determined that since the estate property, Kisumu/Buoye/3107, is located within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the Assistant Chief of the relevant sub-location, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No E138 of 2024 to Winam...

Source-derived case information.

Citation
[2024] KEHC 6451 (KLR)
Parties
Applicant: Elizabeth Atieno Otieno; Respondent: Hellen Adhiambo alias Hellen Adhiambo Seda (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause 147 of 2024
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Outcome
Application for transfer of succession cause allowed; file transferred and original file to be transmitted to Winam SPM’s Court; High Court file closed.
Judges
RE Aburili
Legal Topics
Succession Procedure, Transfer of Cause, Jurisdiction of Court
Source Language
en
Family and Children Succession Procedure Transfer of Cause Jurisdiction of Court

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Parties

Elizabeth Atieno Otieno

Applicant

Hellen Adhiambo alias Hellen Adhiambo Seda (Deceased)

Respondent

Procedural Posture

Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause

Legal Issues

  1. 1 Whether the succession cause should be transferred to the court with proper jurisdiction for hearing and determination.
  2. 2 Whether the original file and order should be transmitted to the receiving court.

Ratio Decidendi

The court determined that since the estate property, Kisumu/Buoye/3107, is located within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the Assistant Chief of the relevant sub-location, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No E138 of 2024 to Winam SPM’s Court for hearing and final determination. The court further ordered the transmission of the original file and this order to the receiving court, and directed the SPM Winam Law Courts to notify the parties to proceed with the prosecution of the succession cause. The file before the High Court at Kisumu was accordingly closed.

Court Disposition

Application for transfer of succession cause allowed; file transferred and original file to be transmitted to Winam SPM’s Court; High Court file closed.

Orders

  • Kisumu Chief Magistrate Succession Cause No E138 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
  • The original Kisumu CM Succession No E138 of 2024 to be transmitted to Winam SPM’s court together with this order.