[2024] KEHC 4930 (KLR)
The court determined that since the assets of the deceased are situated in Siaya County and there has been no action to confirm the grant since the last ruling, it is appropriate and in the interests of justice to transfer the entire Succession Cause to the Siaya High Court. This will facilitate proper adjudication...
Source-derived case information.
- Citation
- [2024] KEHC 4930 (KLR)
- Parties
- Applicant: Maurice Chimeri Chimeri; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 374 of 2015
- Procedural Posture
- Succession Cause / Ruling on Transfer of File
- Outcome
- Succession Cause and file transferred to Siaya High Court; file closed at Kisumu.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Revocation, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Chimeri Chimeri
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of File
Legal Issues
- 1 Whether the Succession Cause should be transferred to the Siaya High Court for hearing.
- 2 Whether there has been inaction regarding confirmation of the grant issued on March 14, 2017.
Ratio Decidendi
The court determined that since the assets of the deceased are situated in Siaya County and there has been no action to confirm the grant since the last ruling, it is appropriate and in the interests of justice to transfer the entire Succession Cause to the Siaya High Court. This will facilitate proper adjudication and resolution of the outstanding issues regarding the estate. The court exercised its discretion to transfer the file to the court with territorial jurisdiction over the subject matter, thereby closing the file at Kisumu High Court.
Court Disposition
Succession Cause and file transferred to Siaya High Court; file closed at Kisumu.
Orders
- The entire Succession Cause and file be transferred to Siaya High Court for hearing.
- Parties be notified.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Hezekia Odongo Dianga (Deceased) (Succession Cause 374 of 2015) [2024] KEHC 4930 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4930 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 374 of 2015
RE Aburili, J
May 9, 2024
Ruling
1. The deceased Hezekia Odongo Dianga hailed from Siaya County and this assets subject of this Succession Cause are in Siaya.
2. There were issues of ownership of the property of his estate and the court ordered for resolution of the same first.
3. A grant that was issued on March 14, 2017 to Maurice Chimeri Chimeri was challenged vide Summons for revocation of grant dated January 21, 2019 culminating in the Ruling dated February 21, 2022.
4. No action has been taken since then, to have the grant confirmed.
5. I order that the entire Succession Cause and file be transferred to Siaya High Court for hearing. Parties be notified.
6. File closed from this end. Ruling to be typed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE