[2024] KEHC 6443 (KLR)
The court determined that the estate property, Kisumu/Kadero Got Nyabondo/608, falls within the jurisdiction of the Winam SPM's Court. All beneficiaries are known to the Chief of East Kajulu Location, and the matter was initially brought by order of the Chief Magistrate, Kisumu Law Courts. Therefore, it is...
Source-derived case information.
- Citation
- [2024] KEHC 6443 (KLR)
- Parties
- Applicant: Jane Kwamboka Oluoch
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 178 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM's Court; original file to be transmitted; file closed.
- 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
Jane Kwamboka Oluoch
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Succession Cause should be transferred to the Winam SPM's Court for hearing and determination.
- 2 Whether the original file should be transmitted to the appropriate court.
Ratio Decidendi
The court determined that the estate property, Kisumu/Kadero Got Nyabondo/608, falls within the jurisdiction of the Winam SPM's Court. All beneficiaries are known to the Chief of East Kajulu Location, and the matter was initially brought by order of the Chief Magistrate, Kisumu Law Courts. Therefore, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E024 of 2024 to Winam SPM's Court for hearing and final determination. The original file is to be transmitted accordingly, and the parties are to be notified to proceed with the prosecution of the succession cause in the appropriate court.
Court Disposition
Succession cause transferred to Winam SPM's Court; original file to be transmitted; file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E024 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E024 of 2024 to be transmitted to Winam SPM's Court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Henry Oluoch Ojore (Deceased) (Miscellaneous Succession Cause 178 of 2024) [2024] KEHC 6443 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6443 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 178 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF HENRY OLUOCH OJORE (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JANE KWAMBOKA OLUOCH (APPLICANTS)
Ruling
1. The deceased Henry Oluoch Ojore was, according to the Chief’s letter dated 16th August, 2023, resident of Got Nyabondo Sub-location in East Kajulu Location.
2. The estate property is Kisumu/Kadero Got Nyabondo/608, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, East Kajulu Location. This matter was brought to this court by an order of the Chief Magistrate, Kisumu Law Courts.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E024 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E024 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 3rdDay of June, 2024R. E. ABURILIJUDGE