[2024] KEHC 7973 (KLR)
The court determined that since the estate property, Kisumu/Koker Kajulu/2566, is within the jurisdiction of Maseno SPM's Court, and all beneficiaries are known to the local Assistant Chief, it is appropriate and in the interests of justice to transfer the succession cause from Kisumu Chief Magistrate's Court to...
Source-derived case information.
- Citation
- [2024] KEHC 7973 (KLR)
- Parties
- MISSING: Hilarius Oganyo Arango (Deceased); Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 122 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; High Court 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hilarius Oganyo Arango (Deceased)
MISSING
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the succession cause should be transferred from Kisumu Chief Magistrate's Court to Maseno SPM's Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Maseno SPM's Court.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Koker Kajulu/2566, is within the jurisdiction of Maseno SPM's Court, and all beneficiaries are known to the local Assistant Chief, it is appropriate and in the interests of justice to transfer the succession cause from Kisumu Chief Magistrate's Court to Maseno SPM's Court for hearing and final determination. The court further directed the transmission of the original file and order to the receiving court and instructed notification of parties through the area chief or provided addresses. The file before the High Court was ordered closed upon transfer.
Court Disposition
Succession cause transferred to Maseno SPM's Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E190 of 2023 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E190 of 2023 to be transmitted to Maseno SPM's court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Hilarius Oganyo Arango (Deceased) (Miscellaneous Succession Cause 122 of 2024) [2024] KEHC 7973 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7973 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 122 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Hilarius Oganyo Arango according to the Assistant Chief’s letter dated 20th February, 2023, was a resident of Kajulu Koker Sub-location in East Seme Location.
2. The estate property is Kisumu/Koker Kajulu/2566, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, Kajulu Koker Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E190 of 2023 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E190 of 2023 to be transmitted to Maseno SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given and or through the area chief 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 28THDAY OF JUNE 2024R. E. ABURILIJUDGE