[2024] KEHC 7767 (KLR)
The court determined that both the domicile of the deceased and the location of the estate property fall within the jurisdiction of Maseno SPM's Court. Accordingly, the Kisumu CM Succession Cause No. E173 of 2024 should be transferred to Maseno SPM's Court to ensure the matter is heard by the court with proper...
Source-derived case information.
- Citation
- [2024] KEHC 7767 (KLR)
- Parties
- Applicant: Herina Akumu Omino (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 100 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Herina Akumu Omino (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu CM Succession Cause No. E173 of 2024 should be transferred to the court with proper territorial jurisdiction.
- 2 Whether the estate property and domicile of the deceased fall within the jurisdiction of Maseno SPM's Court.
Ratio Decidendi
The court determined that both the domicile of the deceased and the location of the estate property fall within the jurisdiction of Maseno SPM's Court. Accordingly, the Kisumu CM Succession Cause No. E173 of 2024 should be transferred to Maseno SPM's Court to ensure the matter is heard by the court with proper territorial jurisdiction. The court further directed that the original file and this ruling be transmitted to Maseno SPM's Court, and that the parties be notified to move the court and file all necessary consents before any grant can issue.
Court Disposition
Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu CM Succession Cause No. E173 of 2024 is transferred to Maseno SPM's Court.
- The original file and this ruling to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Herina Akumu Omino (Deceased) (Miscellaneous Succession Cause 100 of 2024) [2024] KEHC 7767 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7767 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 100 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Herina Akumu Omino, according to the documents filed, including letter dated 21/2/2024 by the Chief, Kapuonja Location, was a resident of that Location, which is within the jurisdiction of Maseno law Courts. Similarly, the estate property listed as per the search certificate annexed to the petition for grant which is Kisumu/Kapuonja/24 is within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E173 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E173 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 and to file into court all the necessary consents before any grant can issue.
5. This file is closed.
6. I so order.
Dated, Signed and Delivered at Kisumu this 28th Day of June 2024R. E. ABURILIJUDGEPage 2 of 2