[2024] KEHC 7792 (KLR)
The court found that both the deceased's domicile and the estate properties are within the jurisdiction of Maseno Law Courts, as evidenced by the Chief's letter and property documents. Therefore, it is proper and in accordance with the law to transfer the succession cause from Kisumu Chief Magistrate's Court to...
Source-derived case information.
- Citation
- [2024] KEHC 7792 (KLR)
- Parties
- Applicant: John Omolo Rombo alias John Rombo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 103 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, Domicile of Deceased
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Omolo Rombo alias John Rombo (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu CM Succession Cause No. E176 of 2024 should be transferred to the court within the jurisdiction where the deceased was domiciled.
- 2 Whether the estate property falls within the jurisdiction of Maseno SPM's Court.
Ratio Decidendi
The court found that both the deceased's domicile and the estate properties are within the jurisdiction of Maseno Law Courts, as evidenced by the Chief's letter and property documents. Therefore, it is proper and in accordance with the law to transfer the succession cause from Kisumu Chief Magistrate's Court to Maseno Senior Principal Magistrate's Court. The transfer ensures that the matter is heard in the correct forum, upholding the requirements of the Law of Succession Act regarding jurisdiction.
Court Disposition
Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu CM Succession Cause No. E176 of 2024 is transferred to Maseno SPM's Court.
- The original Kisumu CM Succession No. E176 of 2024 to be transmitted to Maseno SPM's Court together with this ruling and order.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of John Omolo Rombo alias John Rombo (Deceased) (Miscellaneous Succession Cause 103 of 2024) [2024] KEHC 7792 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7792 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 103 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased John Omolo Rombo, according to the documents filed, including letter dated 24/11/2023 by the Chief, Kapuonja Location, was a resident of that Location, which is within the jurisdiction of Maseno law Courts. Similarly, the estate property listed as per the search certificate and demand notice for rates annexed to the petition for grant which are Kisumu/Kapuonja/83 and Plot 24/Ayanga respectively are within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E176 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E176 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