[2024] KEHC 6067 (KLR)
The court determined that since the estate property, Kisumu/Koker Kajulu/960, is located within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the local Assistant Chief, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E111 of 2024 to Winam SPM’s Court for...
Source-derived case information.
- Citation
- [2024] KEHC 6067 (KLR)
- Parties
- Applicant: John Omito Ragwel alias John Mito Ragwer (Deceased); Respondent: Beneficiaries (not individually named)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 162 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; file before this court closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Succession Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Omito Ragwel alias John Mito Ragwer (Deceased)
Applicant
Beneficiaries (not individually named)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E111 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 determined that since the estate property, Kisumu/Koker Kajulu/960, is located within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the local Assistant Chief, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E111 of 2024 to Winam SPM’s Court for hearing and final determination. The transfer ensures that the matter is adjudicated by the court with proper territorial jurisdiction, facilitating efficient administration of the estate and access for all interested parties.
Court Disposition
Succession cause transferred to Winam SPM’s Court; original file to be transmitted; file before this court closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E111 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E111 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 Omito Ragwel alias John Mito Ragwer (Deceased) (Miscellaneous Succession Cause 162 of 2024) [2024] KEHC 6067 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6067 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 162 of 2024
RE Aburili, J
May 29, 2024
Ruling
1. The deceased John Omito Ragwel alias John Mito Ragwer was, according to the Assistant Chief’s letter dated 27th January 2024, resident of Kajulu Koker Sub-location.
2. The estate property is Kisumu/Koker Kajulu/960, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Kajulu Koker Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E111 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E111 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 29TH DAY OF MAY, 2024R. E. ABURILIJUDGE