[2023] KEHC 22568 (KLR)
The court found that all parties to the Succession Cause, as well as the assets of the deceased's estate, are located in Vihiga County. With the High Court at Vihiga now fully operational, it is appropriate and just for the matter to be transferred there to facilitate access to justice, reduce costs, and ensure...
Source-derived case information.
- Citation
- [2023] KEHC 22568 (KLR)
- Parties
- Applicant: Leah Omole Everlyne; Respondent: Margaret Osita Imbuchi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 576 of 2015
- Procedural Posture
- Succession Cause / Ruling on Transfer of Cause and Pending Applications
- Outcome
- Succession Cause transferred to Vihiga High Court; file at Kisumu closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Confirmation, Rectification of Grant, Jurisdiction, Transfer of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leah Omole Everlyne
Applicant
Margaret Osita Imbuchi
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Cause and Pending Applications
Legal Issues
- 1 Whether the Succession Cause should be transferred to the High Court at Vihiga for hearing and determination.
- 2 Whether the assets and parties' residence justify the transfer of the matter for convenience and access to justice.
Ratio Decidendi
The court found that all parties to the Succession Cause, as well as the assets of the deceased's estate, are located in Vihiga County. With the High Court at Vihiga now fully operational, it is appropriate and just for the matter to be transferred there to facilitate access to justice, reduce costs, and ensure convenience for all parties. The court emphasized that courts are established closer to the people for these reasons. Accordingly, the Succession Cause, including all pending applications, is transferred to the High Court at Vihiga for hearing and final determination.
Court Disposition
Succession Cause transferred to Vihiga High Court; file at Kisumu closed.
Orders
- Succession Cause 576 of 2015 is transferred to Vihiga High Court forthwith for hearing and final determination of all pending applications and matters.
- The Registry at Kisumu High Court to open a skeleton file and ensure all documents are photocopied or scanned and stored for future reference.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of Joseph Opati Machaka Deceased) (Succession Cause 576 of 2015) [2023] KEHC 22568 (KLR) (18 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22568 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 576 of 2015
RE Aburili, J
September 18, 2023
Between
Leah Omole Everlyne
Applicant
and
Margaret Osita Imbuchi
Respondent
Ruling
1. The Application dated September 4, 2023 is not certified as urgent.
2. This is a 2015 succession cause. I observe that the deceased hailed or was a resident of Vihiga County and so are the administrators of the estate of the deceased Joseph Opati Machaka, Margaret Osita Imbuchi and Robert Ochunga Amutabi whose address is shown to be Luanda.
3. The applicant/objector is also a resident of Vihiga County. The grant which was issued by this court on March 22, 2016 was confirmed on August 29, 2016.
4. The assets of the estate being West Bunyore/Ebusikhale/2560 and West Bunyore/Ebusikhale/2564 are within Vihiga County and so is the property West Bunyore/Ebutanyi/479 which was allegedly left out giving rise to the application filed on 4th June 2019 for rectification of grant which application has never been heard and determined.
5. Now the applicant Nerea Rabote applies for review of the Ruling of August 29, 2016 confirming the grant to include another property West Bunyore/Ebusikhale/2562 and a distribution thereof.
6. There is no reason why, in the first instance, this Succession Cause was filed in this court as there was a High Court at Kakamega which handled matters falling within the jurisdiction of Vihiga County before the High Court at Vihiga was established.
7. Now that the High Court at Vihiga is fully operational with a Presiding Judge and as all the parties hereto are residents of Vihiga, as well as the assets of the deceased’s estate, I hereby find that courts are established closer to the people so that they can access justice at a lesser cost and more conveniently.
8. Accordingly, this Succession Cause is hereby transferred to Vihiga High Court forthwith for hearing and final determination of all the pending applications and matters including the application filed on June 4, 2019 and September 4, 2023.
9. The Registry at Kisumu High Court to open a skeleton file and ensure all the documents contained in this file are photocopied or scanned and stored for any future reference.
10. This file in its original form to be transmitted to Vihiga High Court forthwith for mention before the Judge on October 4, 2023.
11. The Registry to notify the parties hereto.
12. From this end, the file is closed.I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF SEPTEMBER, 2023R. E. ABURILIJUDGE