[2024] KEHC 6453 (KLR)
The court determined that since the estate property, Kisumu/Buoye/3376, falls within the jurisdiction of Winam SPM's Court, it is appropriate and in accordance with succession law and jurisdictional rules to transfer Kisumu Chief Magistrate Succession Cause No. E163 of 2024 to Winam SPM's Court for hearing and final...
Source-derived case information.
- Citation
- [2024] KEHC 6453 (KLR)
- Parties
- Applicant: Maurice Ochieng Nyamori; Respondent: Estate of Joshua Nyamori Nyangina (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 143 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file 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
Maurice Ochieng Nyamori
Applicant
Estate of Joshua Nyamori Nyangina (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E163 of 2024 should be transferred to Winam SPM's Court for hearing and determination.
- 2 Whether the jurisdiction for the estate property lies with Winam SPM's Court.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Buoye/3376, falls within the jurisdiction of Winam SPM's Court, it is appropriate and in accordance with succession law and jurisdictional rules to transfer Kisumu Chief Magistrate Succession Cause No. E163 of 2024 to Winam SPM's Court for hearing and final determination. The transfer ensures that the matter is prosecuted in the correct forum, and all relevant parties are notified to proceed accordingly.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Winam SPM's Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E163 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
17 paragraphs
In re Estate of Joshua Nyamori Nyangina (Deceased) (Miscellaneous Succession Cause 143 of 2024) [2024] KEHC 6453 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6453 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 143 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF JOSHUA NYAMORI NYANGINA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY MAURICE OCHIENG NYAMORI (APPLICANT)
Ruling
1. The deceased Joshua Nyamori Nyangina was, according to the Assistant Chief’s letter dated 6th March, 2024, resident of Mayenya Sub-location, Kolwa East Location within Kisumu East Sub-county.
2. The estate property is Kisumu/Buoye/3376, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Mayenya Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E163 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E163 of 2024 to be transmitted to Winam SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Winam Law Courts to notify the parties to move the court and prosecute the succession cause.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE