[2024] KEHC 6448 (KLR)
The court found that the estate property, Kisumu/Kasule/5932, is situated within the jurisdiction of Winam SPM's Court. As all beneficiaries are known to the local Assistant Chief and the property is within the relevant sub-location, it is appropriate and just for the succession cause to be heard and determined by...
Source-derived case information.
- Citation
- [2024] KEHC 6448 (KLR)
- Parties
- Applicant: Jenipher Osula Mbata (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 150 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM's Court; original file to be transmitted; Kisumu 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
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Parties
Jenipher Osula Mbata (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E107 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/Kasule/5932, is situated within the jurisdiction of Winam SPM's Court. As all beneficiaries are known to the local Assistant Chief and the property is within the relevant sub-location, it is appropriate and just for the succession cause to be heard and determined by the Winam SPM's Court. The transfer ensures proper jurisdiction and convenience for all parties involved.
Court Disposition
Succession cause transferred to Winam SPM's Court; original file to be transmitted; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E107 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E107 of 2024 to be transmitted to Winam SPM's court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Jenipher Osula Mbata (Deceased) (Miscellaneous Succession Cause 150 of 2024) [2024] KEHC 6448 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6448 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 150 of 2024
RE Aburili, J
June 3, 2024
Ruling
1. The deceased Jenipher Osula Mbata was, according to the Assistant Chief’s letter dated 6th February, 2022, resident of Kasule Sub-location, Kolwa Central Location in Kisumu East Sub-county.
2. The estate property is Kisumu/Kasule/5932, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Kasule Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E107 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E107 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. ABURILIJUDGEPage 2 of 2