[2024] KEHC 7926 (KLR)
The court determined that since the estate property, Kisumu/Katieno/2884, is located within the jurisdiction of Maseno SPM's Court and all beneficiaries are known to the area chief, it is appropriate and just to transfer the succession cause from Kisumu Chief Magistrate's Court to Maseno SPM's Court for hearing and...
Source-derived case information.
- Citation
- [2024] KEHC 7926 (KLR)
- Parties
- Applicant: Henry Odhiambo Ongayo; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 118 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; cause transferred to Maseno SPM's Court.
- 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
Henry Odhiambo Ongayo
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E207 of 2024 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Maseno SPM's Court.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Katieno/2884, is located within the jurisdiction of Maseno SPM's Court and all beneficiaries are known to the area chief, it is appropriate and just to transfer the succession cause from Kisumu Chief Magistrate's Court to Maseno SPM's Court for hearing and final determination. The transfer ensures that the matter is heard in the proper forum, in accordance with the law governing succession proceedings and jurisdiction.
Court Disposition
Application for transfer of succession cause allowed; cause transferred to Maseno SPM's Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E207 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E207 of 2024 file to be transmitted to Maseno SPM's Court together with this order.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of John Olweny Ondik alias Olweny Olweny (Deceased) (Miscellaneous Succession Cause 118 of 2024) [2024] KEHC 7926 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7926 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 118 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF JOHN OLWENY ONDIK alias OLWENY OLWENY (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY HENRY ODHIAMBO ONGAYO [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E207 of 2024)
Ruling
1. The deceased John Olweny Ondik alias Juliana Olweny Olweny according to the Chief’s letter dated 9th April, 2024, was a resident of West Katieno Sub-location, North Central Seme Location, Kombewa Division within Seme Sub-County.
2. The estate property is Kisumu/Katieno/2884, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, North Central Seme Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E207 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E207 of 2024 to be transmitted to Maseno SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given and or through the area chief 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 28TH DAY OF JUNE 2024. R. E. ABURILIJUDGE