[2024] KEHC 6492 (KLR)
The court determined that since the estate property, Kisumu/Buoye/2495, is within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the Assistant Chief of Mayenya Sub-location, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E114 of...
Source-derived case information.
- Citation
- [2024] KEHC 6492 (KLR)
- Parties
- Applicant: Paul Omolo Ngede; Respondent: Janes Ogwang Tala alias Johanes Tala Ogwang (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 149 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 Cause Transfer, Jurisdiction of Court, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Omolo Ngede
Applicant
Janes Ogwang Tala alias Johanes Tala Ogwang (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E114 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 determined that since the estate property, Kisumu/Buoye/2495, is within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the Assistant Chief of Mayenya Sub-location, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E114 of 2024 to Winam SPM's Court for hearing and final determination. The transfer ensures that the matter is heard by the court with proper territorial jurisdiction over the estate property, thereby facilitating efficient administration of the estate.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E114 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E114 of 2024 file 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 Janes Ogwang Tala alias Johanes Tala Ogwang (Deceased) (Miscellaneous Succession Cause 149 of 2024) [2024] KEHC 6492 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6492 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 149 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF JANES OGWANG TALA alias JOHANES TALA OGWANG (DECEASED) AND IN THE MATTER OF AN APPLICATION BY PAUL OMOLO NGEDE (APPLICANT)
Ruling
1. The deceased Janes Ogwang Tala alias Johanes Tala Ogwang was, according to the Assistant Chief’s letter dated 24th January, 2024, resident of Mayenya Sub-location, Kolwa East Location.
2. The estate property is Kisumu/Buoye/2495, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Mayenya Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E114 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E114 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 3rdDay of June, 2024R. E. ABURILIJUDGE