[2024] KEHC 6085 (KLR)
The court found that it was appropriate to transfer Kisumu Chief Magistrate Succession Cause No. E099 of 2024 to Winam SPM's Court for hearing and final determination, as the deceased was resident within the relevant jurisdiction and all beneficiaries are known to the local Chief. The transfer would facilitate the...
Source-derived case information.
- Citation
- [2024] KEHC 6085 (KLR)
- Parties
- Applicant: Francis Atudo Ojwang; Applicant: Israel Ochieng Ojwang; Applicant: Kelvin Odhiambo Ojwang
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 165 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred and 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
Francis Atudo Ojwang
Applicant
Israel Ochieng Ojwang
Applicant
Kelvin Odhiambo Ojwang
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E099 of 2024 should be transferred to Winam SPM's Court for hearing and determination.
- 2 Whether the original file and order should be transmitted to the new court for further action.
Ratio Decidendi
The court found that it was appropriate to transfer Kisumu Chief Magistrate Succession Cause No. E099 of 2024 to Winam SPM's Court for hearing and final determination, as the deceased was resident within the relevant jurisdiction and all beneficiaries are known to the local Chief. The transfer would facilitate the efficient and proper prosecution of the succession cause. The court ordered the original file and this order to be transmitted to Winam SPM's Court and directed that the parties be notified to proceed with the matter there. The file before the High Court was accordingly closed.
Court Disposition
Application for transfer of succession cause allowed; file transferred and High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E099 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E099 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 John Ajwang Atudo (Deceased) (Miscellaneous Succession Cause 165 of 2024) [2024] KEHC 6085 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6085 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 165 of 2024
RE Aburili, J
May 29, 2024
N THE MATTER OF THE ESTATE OF JOHN AJWANG ATUDO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY FRANCIS ATUDO OJWANG, ISRAEL OCHIENG OJWANG and KELVIN ODHIAMBO OJWANG (APPLICANTS)
Ruling
1. The deceased John Ajwang Atudo was, according to the Chief’s letter dated 29th August 2023, resident of Wathorego Sub-location in West Kajulu Location.
2. All the beneficiaries are known to the Chief, West Kajulu Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E099 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E099 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. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 29TH DAY OF MAY, 2024R. E. ABURILIJUDGE