[2024] KEHC 10244 (KLR)
The court found that the deceased was a resident of East Kanyadwera Sublocation, South Central Seme Location, and that all beneficiaries are known to the area chief. For convenience and proper administration of justice, the court exercised its discretion to transfer Kisumu Chief Magistrate Succession Cause No. E185...
Source-derived case information.
- Citation
- [2024] KEHC 10244 (KLR)
- Parties
- Applicant: Beatrice Anyango Kaol
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 197 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 Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Anyango Kaol
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E185 of 2024 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether the petitioner should be notified to prosecute the succession cause at the new court.
Ratio Decidendi
The court found that the deceased was a resident of East Kanyadwera Sublocation, South Central Seme Location, and that all beneficiaries are known to the area chief. For convenience and proper administration of justice, the court exercised its discretion to transfer Kisumu Chief Magistrate Succession Cause No. E185 of 2024 to Maseno SPM's Court for hearing and final determination. The court further directed that the original file and order be transmitted to the new court, and that the petitioner be notified to move the court and prosecute the succession cause. The file before the High Court was closed as a result of the transfer.
Court Disposition
Succession cause transferred to Maseno SPM's Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E185 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E185 of 2024 to be transmitted to Maseno SPM's court together with this order.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of jane Margaret Ochiewos alias Adhiambo Ochiewos (Deceased) (Miscellaneous Succession Cause 197 of 2024) [2024] KEHC 10244 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10244 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 197 of 2024
RE Aburili, J
August 19, 2024
In The Matter of The Estate of Jane Margaret Ochiewos Alais Adhiambo Ochiewos (Deceased) And In The Matter of An Application By Beatrice Anyango Kaol [Petitioner]
((From Original Kisumu Chief Magistrate’s Succession Cause No. E185 of 2024))
Ruling
1. The deceased Jane Margaret Ochiewos alias Adhiambo Ochiewos, according to the Chief’s letter dated 18/11/2021, was a resident of East Kanyadwera Sublocation, South Central Seme Location, Kombewa Division, Seme Sub county.
2. All the beneficiaries are known to the Chief, South Central Seme Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E185 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E185 of 2024 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 petitioner 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 19TH DAY OF AUGUST, 2024R. E. ABURILIJUDGE