[2024] KEHC 6496 (KLR)
The court found that the estate property, Kisumu/Konya/353, falls within the jurisdiction of the Winam SPM's Court. All beneficiaries are known to the local chief, and the matter was initially brought to the High Court via an order from the Chief Magistrates’ Court at Kisumu. To ensure that the succession cause is...
Source-derived case information.
- Citation
- [2024] KEHC 6496 (KLR)
- Parties
- Applicant: Hesbon Ajwang Oruko; Applicant: Jacob Ngonga Oruka
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 157 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM's Court; High Court file 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hesbon Ajwang Oruko
Applicant
Jacob Ngonga Oruka
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the succession cause should be transferred to the Winam SPM's Court for hearing and determination.
- 2 Whether the original file should be transmitted to the new court of jurisdiction.
Ratio Decidendi
The court found that the estate property, Kisumu/Konya/353, falls within the jurisdiction of the Winam SPM's Court. All beneficiaries are known to the local chief, and the matter was initially brought to the High Court via an order from the Chief Magistrates’ Court at Kisumu. To ensure that the succession cause is heard by the court with proper territorial jurisdiction, the High Court ordered the transfer of Kisumu Chief Magistrate Succession Cause No. E473 of 2023 to the Winam SPM’s Court for hearing and final determination. The original file is to be transmitted to the Winam SPM’s Court, which will notify the parties to proceed with the prosecution of the succession cause. The High...
Court Disposition
Succession cause transferred to Winam SPM's Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E473 of 2023 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E473 of 2023 to be transmitted to Winam SPM’s Court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of John Wellington Oruko Opondo (Deceased) (Miscellaneous Succession Cause 157 of 2024) [2024] KEHC 6496 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6496 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 157 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF JOHN WELLINGTON ORUKO OPONDO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY HESBON AJWANG ORUKO and JACOB NGONGA ORUKA (APPLICANTS)
Ruling
1. The deceased John Wellington Oruko Opondo was, according to the Chief’s letter dated 7th August, 2023, resident of Konya Sub-location in West Kajulu Location.
2. The estate property is Kisumu/Konya/353, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, West Kajulu Location. The matter was brought to this court vide an order from the Chief Magistrates’ Court at Kisumu.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E473 of 2023 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E473 of 2023 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 3RDDAY OF JUNE, 2024R. E. ABURILIJUDGE