[2024] KEHC 7747 (KLR)
The court found that the estate property, Kisumu/Othany/2637, falls within the jurisdiction of Maseno SPM's Court. Therefore, it is appropriate and in accordance with the law to transfer the succession cause from the Kisumu Chief Magistrate's Court to the Maseno SPM's Court for hearing and final determination. The...
Source-derived case information.
- Citation
- [2024] KEHC 7747 (KLR)
- Parties
- Applicant: Syprose Aloo Waga; Respondent: Estate of Henry Waga Ogonda (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 078 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
Syprose Aloo Waga
Applicant
Estate of Henry Waga Ogonda (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Succession Cause No. E601 of 2023 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether the Maseno SPM's Court has jurisdiction over the estate property Kisumu/Othany/2637.
Ratio Decidendi
The court found that the estate property, Kisumu/Othany/2637, falls within the jurisdiction of Maseno SPM's Court. Therefore, it is appropriate and in accordance with the law to transfer the succession cause from the Kisumu Chief Magistrate's Court to the Maseno SPM's Court for hearing and final determination. The court further directed that the original file and this ruling be transmitted to the Maseno SPM's Court, and that the parties be notified to prosecute the succession cause to its conclusion.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E601 of 2023 is transferred to Maseno SPM's Court for hearing and final determination.
- The original file and this ruling to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Henry Waga Ogonda (Deceased) (Miscellaneous Succession Cause 078 of 2024) [2024] KEHC 7747 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7747 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 078 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF HENRY WAGA OGONDA (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY SYPROSE ALOO WAGA [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession cause No. E601 of 2023)
Ruling
1. The deceased Henry Waga Ogonda, according to the Assistant Chief’s letter dated 24th August, 2023, was a resident of East Othany Sub-location.
2. The estate property is Kisumu/Othany/2637, which is within the jurisdiction of Maseno SPM’s court. The named beneficiaries are known to the Assistant Chief, East Othany Sub-Location. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E601 of 2023 to Maseno SPM’s Court for hearing and final determination.
3. The original Kisumu CM Succession No. E601 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given, to move the court and prosecute the succession cause to its final conclusion. The parties to file complete documents.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE 2024. R. E. ABURILIJUDGE