[2024] KEHC 6080 (KLR)
The court found that the estate properties of the deceased are located within the jurisdiction of Winam SPM's court. Therefore, it is appropriate and in accordance with the law to transfer the succession cause to that court for hearing and final determination. The transfer ensures that the matter is heard by the...
Source-derived case information.
- Citation
- [2024] KEHC 6080 (KLR)
- Parties
- Applicant: Mary Nyagol Yoto
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 156 of 2024
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession cause transferred to Winam SPM's Court; original file to be transmitted; Kisumu High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Nyagol Yoto
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the appropriate court for hearing and determination.
- 2 Whether the properties of the deceased fall within the jurisdiction of Winam SPM's court.
Ratio Decidendi
The court found that the estate properties of the deceased are located within the jurisdiction of Winam SPM's court. Therefore, it is appropriate and in accordance with the law to transfer the succession cause to that court for hearing and final determination. The transfer ensures that the matter is heard by the court with proper territorial jurisdiction over the estate properties, facilitating efficient administration of justice.
Court Disposition
Succession cause transferred to Winam SPM's Court; original file to be transmitted; Kisumu High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E566 of 2023 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E566 of 2023 to be transmitted to Winam SPM's court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Julias Yoto Oduka alias Julius Yoto Oduka (Deceased) (Succession Cause 156 of 2024) [2024] KEHC 6080 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6080 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 156 of 2024
RE Aburili, J
May 29, 2024
In The Matter Of The Estate Of Julias Yoto Oduka Alias Julius Yoto Oduka (Deceased) And In The Matter Of An Application By Mary Nyagol Yoto (Applicant
Ruling
1. The deceased Julias Yoto Oduka alias Julius Yoto Oduka was, according to the Assistant Chief’s letter dated 28th August 2023, resident of Kolwa East Location, Mayenya Sub-location within Kisumu East Sub-county.
2. The estate properties are Kisumu/Buoye/4792, Kisumu/Buoye/2746 and Kisumu/Buoye/3494 which are 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. E566 of 2023 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E566 of 2023 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 29TH DAY OF MAY, 2024R. E. ABURILIJUDGE