[2024] KEHC 6456 (KLR)
The court found that the estate property, Kisumu/Buoye/4120, is situated within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the relevant local Chief. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E216 of 2024 to...
Source-derived case information.
- Citation
- [2024] KEHC 6456 (KLR)
- Parties
- Applicant: Leokadia Obisa Ajwanga; Applicant: Jacob Okoth Apii
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 138 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
Leokadia Obisa Ajwanga
Applicant
Jacob Okoth Apii
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E216 of 2024 should be transferred to Winam SPM’s Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Winam SPM’s Court.
Ratio Decidendi
The court found that the estate property, Kisumu/Buoye/4120, is situated within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the relevant local Chief. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E216 of 2024 to Winam SPM’s Court for hearing and final determination. The original file and this order are to be transmitted to the Winam SPM’s Court, which is directed to notify the parties to proceed with the prosecution of the succession cause.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E216 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E216 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 Jacob Okoth Apii (Deceased) (Miscellaneous Succession Cause 138 of 2024) [2024] KEHC 6456 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6456 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 138 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF JACOB OKOTH APII (DECEASED) AND IN THE MATTER OF AN APPLICATION BY LEOKADIA OBISA AJWANGA and JACOB OKOTH APII (APPLICANTS)
Ruling
1. The deceased Jacob Okoth Apii was, according to the Chief’s letter dated 8th November, 2023, resident of Buoye Sub-location, East Kolwa Location.
2. The estate property is Kisumu/Buoye/4120, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, East Kolwa Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E216 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E216 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 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE