[2024] KEHC 7765 (KLR)
The court found that both the deceased's domicile and the estate property are within the jurisdiction of the Maseno Law Courts. Accordingly, the Kisumu Chief Magistrate's Succession Cause No. E161 of 2024 was improperly filed in Kisumu and should be transferred to the Maseno SPM's Court. The court ordered the...
Source-derived case information.
- Citation
- [2024] KEHC 7765 (KLR)
- Parties
- Applicant: Caleb Otieno Omedo; Respondent: Johana Omedo Andhoga (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E097 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caleb Otieno Omedo
Applicant
Johana Omedo Andhoga (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. E161 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 estate property are within the jurisdiction of the Maseno Law Courts. Accordingly, the Kisumu Chief Magistrate's Succession Cause No. E161 of 2024 was improperly filed in Kisumu and should be transferred to the Maseno SPM's Court. The court ordered the transfer of the file and directed that the parties be notified to move the court and prosecute the succession cause in the proper jurisdiction, with all necessary consents to be filed before any grant can issue.
Court Disposition
Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu CM Succession Cause No. E161 of 2024 is transferred to Maseno SPM's Court.
- The original file and this ruling to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Johana Omedo Andhoga (Deceased) (Miscellaneous Succession Cause E097 of 2024) [2024] KEHC 7765 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7765 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E097 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF JOHANA OMEDO ANDHOGA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY CALEB OTIENO OMEDO [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E161 of 2024)
Ruling
1. The deceased Johana Omedo Andhoga, according to the documents filed, including letter dated 21/2/2023 by the Chief, S.W.Kisumu Location, was a resident of Lower Osir Sublocation, which is within the jurisdiction of Maseno law Courts. Similarly, the estate property listed as per the search certificate annexed to the petition for grant which is Kisumu/Kanyawegi/6065 is within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E161 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E161 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 before any grant can issue.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE