[2024] KEHC 7925 (KLR)
The court determined that since the estate properties of the deceased are located within the jurisdiction of Maseno SPM's Court, it is appropriate and in accordance with the law to transfer the succession cause from Kisumu Chief Magistrate's Court to Maseno SPM's Court for hearing and final determination. The court...
Source-derived case information.
- Citation
- [2024] KEHC 7925 (KLR)
- Parties
- Applicant: Shadrack Mbai Adede; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 117 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; original file and order to be transmitted; parties to be notified; file closed at High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession, Estate Administration, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Mbai Adede
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the succession cause should be transferred from Kisumu Chief Magistrate's Court to Maseno SPM's Court for hearing and determination.
- 2 Whether the estate properties fall within the jurisdiction of Maseno SPM's Court.
Ratio Decidendi
The court determined that since the estate properties of the deceased are located within the jurisdiction of Maseno SPM's Court, it is appropriate and in accordance with the law to transfer the succession cause from Kisumu Chief Magistrate's Court to Maseno SPM's Court for hearing and final determination. The court further directed that the original file and order be transmitted to the receiving court and that parties be notified accordingly. This ensures that the matter is heard in the proper forum and that all procedural requirements for transfer and notification are met.
Court Disposition
Succession cause transferred to Maseno SPM's Court; original file and order to be transmitted; parties to be notified; file closed at High Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E206 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E206 of 2024 to be transmitted to Maseno SPM's Court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Juliana Odongo Magak alias Juliana Odongo Adede (Deceased) (Miscellaneous Succession Cause 117 of 2024) [2024] KEHC 7925 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7925 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 117 of 2024
RE Aburili, J
June 28, 2024
N THE MATTER OF THE ESTATE OF JULIANA ODONGO MAGAK alias JULIANA ODONGO ADEDE (DECEASED) AND IN THE MATTER OF AN APPLICATION BY SHADRACK MBAI ADEDE [PETITIONER]
Ruling
1. The deceased Juliana Odongo Magak alias Juliana Odongo Adede according to the Assistant Chief’s letter dated 8th April, 2024, was a resident of Dago Sub-location, East Kisumu Location, Nyahera Division within Kisumu West Sub-County.
2. The estate properties are Kisumu/Kogony/2704 and Kisumu/Kogony/2705, which are within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, Dago Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E206 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E206 of 2024 to be transmitted to Maseno SPM’s court together with this 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 chief 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 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE