[2024] KEHC 7751 (KLR)
The court determined that since the estate property Kisumu/Othany/1970 and all beneficiaries are within the jurisdiction of Maseno SPM’s Court, and the Assistant Chief confirms their residency, it is appropriate to transfer Kisumu Chief Magistrate Succession Cause No. E631 of 2023 to Maseno SPM’s Court for hearing...
Source-derived case information.
- Citation
- [2024] KEHC 7751 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E076 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM’s Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Cause Transfer, Jurisdiction of Court, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
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. E631 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/Othany/1970.
Ratio Decidendi
The court determined that since the estate property Kisumu/Othany/1970 and all beneficiaries are within the jurisdiction of Maseno SPM’s Court, and the Assistant Chief confirms their residency, it is appropriate to transfer Kisumu Chief Magistrate Succession Cause No. E631 of 2023 to Maseno SPM’s Court for hearing and final determination. The court further directed that the original file and this order be transmitted to Maseno SPM’s Court, and that the parties be notified to move the court and prosecute the succession cause, noting that the documents filed in the lower court are insufficient for prosecution. The file before the High Court is closed accordingly.
Court Disposition
Succession cause transferred to Maseno SPM’s Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E631 of 2023 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E631 of 2023 to be transmitted to Maseno SPM’s Court together with this ruling and order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Joseph Obuya Adongo (Deceased) (Miscellaneous Succession Cause E076 of 2024) [2024] KEHC 7751 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7751 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E076 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Joseph Obuya Adongo, according to the Assistant Chief’s letter dated 22nd October, 2023, was a resident of East Othany Sub-location, South Central Seme Location, Seme Sub-County.
2. The estate property is Kisumu/Othany/1970, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, East Othany Sub-Location and are residents of East Othany.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E631 of 2023 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E631 of 2023 to be transmitted to Maseno SPM’s court together with this ruling and 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 Assistant Chief to move the court and prosecute the succession cause, noting that the documents filed in the lower court are not sufficient to prosecute the succession cause.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE