[2024] KEHC 12778 (KLR)
The court determined that the deceased, Joseph Phelix Mboya, was ordinarily resident in Kitota village, South Kabura Sub-location, West Kanyadoto Location, Nyagori Division, Dhiwa Sub-county, which falls under the jurisdiction of the Winam Senior Principal Magistrate’s Court. The supporting documents, including the...
Source-derived case information.
- Citation
- [2024] KEHC 12778 (KLR)
- Parties
- Applicant: Beryl Adhiambo Oduor; Applicant: Nerea Patricia Aluoch Mboya; Applicant: Beth Kyuzer Achieng Mboya
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 242 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Jurisdiction
- Outcome
- Application for transfer of cause allowed; matter transferred to Winam Senior Principal Magistrate’s Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beryl Adhiambo Oduor
Applicant
Nerea Patricia Aluoch Mboya
Applicant
Beth Kyuzer Achieng Mboya
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Jurisdiction
Legal Issues
- 1 Whether the Kisumu Chief Magistrate’s Court has territorial jurisdiction over the succession cause concerning the estate of Joseph Phelix Mboya.
- 2 Whether the matter should be transferred to the Winam Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court determined that the deceased, Joseph Phelix Mboya, was ordinarily resident in Kitota village, South Kabura Sub-location, West Kanyadoto Location, Nyagori Division, Dhiwa Sub-county, which falls under the jurisdiction of the Winam Senior Principal Magistrate’s Court. The supporting documents, including the death certificate and Chief’s letter, confirmed this fact. Therefore, the Kisumu Chief Magistrate’s Court lacked territorial jurisdiction to hear the succession cause. In accordance with the Law of Succession Act and the Probate and Administration Rules, the matter was transferred to the Winam Senior Principal Magistrate’s Court for hearing and determination.
Court Disposition
Application for transfer of cause allowed; matter transferred to Winam Senior Principal Magistrate’s Court.
Orders
- Kisumu Chief Magistrate’s Court Succession Cause No. E347 of 2024 is transferred to Winam Senior Principal Magistrate’s Court for hearing and determination.
- The e-file to be transmitted to Winam Law Courts and upon receipt, Petitioners to be notified forthwith to move the court.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Joseph Pheliz Mboya (Deceased) (Miscellaneous Succession Cause 242 of 2024) [2024] KEHC 12778 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12778 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 242 of 2024
RE Aburili, J
October 24, 2024
IN THE MATTER OF AN APPLICATION BY BERYL ADHIAMBO ODUOR, NEREA PATRICIA ALUOCH MBOYA and BETH LUIZER ACHIENG MBOYA - PETITIONERS
In the matter of
Beryl Adhiambo Oduor
1st Petitioner
Nerea Patricia Aluoch Mboya
2nd Petitioner
Beth Kyuzer Achieng Mboya
3rd Petitioner
(Arising from Kisumu Chief Magistrate’s Court Succession No. E347 of 2024)
Ruling
1. The deceased Joseph Phelix Mboya hailed from Kitota village, South Kabura Sub-location, West Kanyadoto Location, Nyagori Division, Dhiwa Sub-county which is within the jurisdiction of Winam Senior Principal Magistrate’s Court.
2. This is supported by the death certificate and the Chief’s letter dated 19th September 2024 identifying all beneficiaries of the deceased and her assets.
3. Accordingly, the Chief Magistrate’s court at Kisumu brought this matter for directions on geographical jurisdiction.
4. I hereby transfer Kisumu Chief Magistrate’s Court Succession Cause No. E347 of 2024 to Winam Senior Principal Magistrate’s court for hearing and determination.
5. The e-file to be transmitted to Winam Law Courts and upon receipt, to notify the Petitioners forthwith to move the court.
6. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24THDAY OF OCTOBER, 2024R. E. ABURILIJUDGE