[2024] KEHC 6488 (KLR)
The court determined that since the estate property, Kisumu/Buoye/2748, falls within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the local Assistant Chief, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E143 of 2024 to Winam...
Source-derived case information.
- Citation
- [2024] KEHC 6488 (KLR)
- Parties
- Applicant: Emily Achieng Ajeny; Respondent: John Ochieng Ajeny (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 145 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred and 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
Emily Achieng Ajeny
Applicant
John Ochieng Ajeny (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E143 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 of jurisdiction.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Buoye/2748, falls within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the local Assistant Chief, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E143 of 2024 to Winam SPM’s Court for hearing and final determination. The court further ordered the transmission of the original file and this order to the receiving court, and directed that the parties be notified to proceed with the prosecution of the succession cause at the new venue. The file before the High Court was accordingly closed.
Court Disposition
Application for transfer of succession cause allowed; file transferred and closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E143 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original file and this order to be transmitted to Winam SPM’s Court.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of John Ochieng Ajeny (Deceased) (Miscellaneous Succession Cause 145 of 2024) [2024] KEHC 6488 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6488 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 145 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF JOHN OCHIENG AJENY (DECEASED) AND IN THE MATTER OF AN APPLICATION BY EMILY ACHIENG AJENY (APPLICANT)
Ruling
1. The deceased John Ochieng Ajeny was, according to the Assistant Chief’s letter dated 20th December, 2023, resident of Mayenya Sub-location, Kolwa East Location.
2. The estate property is Kisumu/Buoye/2748, 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. E143 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E143 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. ABURILIJUDGE