[2024] KEHC 7787 (KLR)
The court found that both the deceased's domicile and the location of the estate property fell within the jurisdiction of the Maseno SPM's Court. Accordingly, the Kisumu Chief Magistrate's Succession Cause No. E137 of 2024 was improperly filed in Kisumu and should be transferred to Maseno SPM's Court. The court...
Source-derived case information.
- Citation
- [2024] KEHC 7787 (KLR)
- Parties
- Applicant: Michael Otwala Ayieko; Respondent: Estate of James Otwala Ayieko (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E093 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer allowed; succession cause transferred to Maseno SPM's Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Otwala Ayieko
Applicant
Estate of James Otwala Ayieko (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. E137 of 2024 should be transferred to the Maseno SPM's Court based on the deceased's domicile and location of estate property.
Ratio Decidendi
The court found that both the deceased's domicile and the location of the estate property fell within the jurisdiction of the Maseno SPM's Court. Accordingly, the Kisumu Chief Magistrate's Succession Cause No. E137 of 2024 was improperly filed in Kisumu and should be transferred to Maseno SPM's Court. The court exercised its supervisory jurisdiction to order the transfer, ensuring that the matter is prosecuted in the court of proper territorial jurisdiction as required by law. The court further directed that all necessary consents and evidence of payment of court filing fees be filed before any grant can issue, and closed the High Court file upon transfer.
Court Disposition
Application for transfer allowed; succession cause transferred to Maseno SPM's Court; High Court file closed.
Orders
- Kisumu CM Succession Cause No. E137 of 2024 is transferred to Maseno SPM's Court.
- The original file and this ruling/order to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of James Otwala Ayieko (Deceased) (Miscellaneous Succession Cause E093 of 2024) [2024] KEHC 7787 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7787 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E093 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF JAMES OTWALA AYIEKO (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY MICHAEL OTWALA AYIEKO [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E137 of 2024)
Ruling
1. The deceased Kames Otwala Ayieko, according to the documents filed, including letter dated 6th June, 2023 by the Chief, Kapuonja Location, was a resident of East Kapuonja whch is within the jurisdiction of Maseno law Courts. Similarly, the estate property as listed as per the search certificate annexed to the petition for grant is Kisumu/Kapuonja/2417, which lies within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E137 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E137 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 and evidence of payment of court filing fees before any grant can issue.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF JUNE 2024R. E. ABURILIJUDGE