[2024] KEHC 5761 (KLR)

[2024] KEHC 5761 (KLR)

The court found that the application dated 11th May 2018, seeking the transfer of Kisumu Chief Magistrate Succession Cause No. 945 of 2016 to the High Court, had already been settled by the order made on 24th May 2018. As there were no further issues left for consideration in the matter, the court ordered the...

Source-derived case information.

Citation
[2024] KEHC 5761 (KLR)
Parties
Applicant: Monica Adhiambo Olewe; Respondent: Estate of Joseph Daniel Olewe Owiti (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause 1 of 2018
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Transfer and Closure of File
Outcome
Application settled; file closed and archived.
Judges
RE Aburili
Legal Topics
Succession Proceedings, Transfer of Cause, Estate Administration
Source Language
en
Family and Children Succession Proceedings Transfer of Cause Estate Administration

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Parties

Monica Adhiambo Olewe

Applicant

Estate of Joseph Daniel Olewe Owiti (Deceased)

Respondent

Procedural Posture

Miscellaneous Succession Cause / Ruling on Application for Transfer and Closure of File

Legal Issues

  1. 1 Whether the application dated 11th May 2018 for transfer of the succession cause should be granted.
  2. 2 Whether there are any outstanding issues requiring determination after the transfer.

Ratio Decidendi

The court found that the application dated 11th May 2018, seeking the transfer of Kisumu Chief Magistrate Succession Cause No. 945 of 2016 to the High Court, had already been settled by the order made on 24th May 2018. As there were no further issues left for consideration in the matter, the court ordered the closure of the file and its archiving. The ruling was to be typed and uploaded in the Case Tracking System. The decision was based on the absence of any outstanding matters after the transfer order was made.

Court Disposition

Application settled; file closed and archived.

Orders

  • The application dated 11th May 2018 is settled.
  • The file is closed for archiving.