[2024] KEHC 10245 (KLR)
The court found that since the deceased was a resident of Kano-Kolwa, Kisumu County, which falls within the geographical jurisdiction of Winam SPM's Court, it was proper and just to transfer the succession cause from the Kisumu Chief Magistrate's Court to Winam SPM's Court for hearing and final determination. The...
Source-derived case information.
- Citation
- [2024] KEHC 10245 (KLR)
- Parties
- Applicant: Renza Auma Odhiambo; Respondent: Estate of Joseph Odhiambo Odumba (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 201 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; matter transferred to Winam SPM's Court.
- 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
Renza Auma Odhiambo
Applicant
Estate of Joseph Odhiambo Odumba (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Succession Cause No. E134 of 2024 should be transferred to Winam SPM's Court for hearing and determination.
- 2 Whether the proper court with geographical jurisdiction should handle the succession cause.
Ratio Decidendi
The court found that since the deceased was a resident of Kano-Kolwa, Kisumu County, which falls within the geographical jurisdiction of Winam SPM's Court, it was proper and just to transfer the succession cause from the Kisumu Chief Magistrate's Court to Winam SPM's Court for hearing and final determination. The transfer would ensure that the matter is handled by the court with the appropriate territorial jurisdiction, in accordance with the Law of Succession Act and the Probate and Administration Rules. The court further directed that the original file and order be transmitted to Winam SPM's Court and that the petitioner be notified to proceed with the prosecution of the succession...
Court Disposition
Application for transfer of succession cause allowed; matter transferred to Winam SPM's Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E134 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original file and this order to be transmitted to Winam SPM's Court.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Joseph Odhiambo Odumba (Deceased) (Miscellaneous Succession Cause 201 of 2024) [2024] KEHC 10245 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10245 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 201 of 2024
RE Aburili, J
August 19, 2024
IN THE MATTER OF THE ESTATE OF JOSEPH ODHIAMBO ODUMBA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY RENZA AUMA ODHIAMBO [PETITIONER] (From Original Kisumu Chief Magistrate’s Succession Cause No. E134 of 2024)
Ruling
1. The deceased Joseph Odhiambo Odumba, was a resident of Kano-Kolwa, Kisumu County which is within the geographical jurisdiction of Winam SPM’s Court.
2. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E134 of 2024 to Winam SPM’s Court for hearing and final determination.
3. The original Kisumu CM Succession No. E134 of 2024 to be transmitted to Winam SPM’s court together with this order.
4. Upon receipt of the file and order, SPM Winam Law Courts to notify the petitioner using the addresses given and or through the area Chief to move the court and prosecute the succession cause and to ensure that all the beneficiaries, of the deceased are involved in the succession process
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF AUGUST, 2024R. E. ABURILIJUDGE