[2024] KEHC 7928 (KLR)
The court found that the estate property, Kisumu/Kit Mikayi/2328, is within the jurisdiction of Maseno SPM’s Court. As such, it is appropriate and in accordance with the law that the succession cause be transferred to that court for hearing and final determination. The court further directed that the original file...
Source-derived case information.
- Citation
- [2024] KEHC 7928 (KLR)
- Parties
- Applicant: Michael Otieno Adol; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 123 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred to Maseno 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
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Parties
Michael Otieno Adol
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. E222 of 2023 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the Maseno SPM’s Court has jurisdiction over the estate property Kisumu/Kit Mikayi/2328.
Ratio Decidendi
The court found that the estate property, Kisumu/Kit Mikayi/2328, is within the jurisdiction of Maseno SPM’s Court. As such, it is appropriate and in accordance with the law that the succession cause be transferred to that court for hearing and final determination. The court further directed that the original file and order be transmitted to Maseno SPM’s Court and that the parties be notified accordingly. The file before the High Court was ordered closed, as the matter would now proceed before the appropriate subordinate court.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Maseno SPM’s Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E222 of 2023 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E222 of 2023 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 Joseph Adol Onjiko alias Adol Onjiko (Deceased) (Miscellaneous Succession Cause 123 of 2024) [2024] KEHC 7928 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7928 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 123 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF JOSEPH ADOL ONJIKO alias ADOL ONJIKO (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY MICHAEL OTIENO ADOL [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E222 of 2023)
Ruling
1. The deceased Joseph Adol Onjiko alias Adol Onjiko according to the Assistant Chief’s letter dated 22nd April, 2023, was a resident of Kit Mikayi Sub-location.
2. The estate property is Kisumu/Kit Mikayi/2328, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, Kit Mikayi Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E222 of 2023 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E222 of 2023 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 28THDAY OF JUNE 2024R. E. ABURILIJUDGE