[2024] KEHC 7753 (KLR)
The court found that the estate property, Kisumu/Kanywegi/4664, is located within the jurisdiction of Maseno SPM’s Court. Therefore, for proper administration and hearing of the succession cause, it is necessary to transfer Kisumu Chief Magistrate Succession Cause No. E210 of 2024 to Maseno SPM’s Court. The transfer...
Source-derived case information.
- Citation
- [2024] KEHC 7753 (KLR)
- Parties
- Applicant: Kliment Nyawara Kinyua alias Nyawara Kinywa (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 084 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 ruling to be transmitted; file at High Court closed.
- 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
Kliment Nyawara Kinyua alias Nyawara Kinywa (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E210 of 2024 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Maseno SPM’s Court.
Ratio Decidendi
The court found that the estate property, Kisumu/Kanywegi/4664, is located within the jurisdiction of Maseno SPM’s Court. Therefore, for proper administration and hearing of the succession cause, it is necessary to transfer Kisumu Chief Magistrate Succession Cause No. E210 of 2024 to Maseno SPM’s Court. The transfer ensures that the matter is heard by the court with territorial jurisdiction over the estate property, in accordance with the applicable succession laws and procedural rules. The court also directed that the original file and this ruling be transmitted to the receiving court, and that parties be notified to proceed with the prosecution of the succession cause at Maseno SPM’s...
Court Disposition
Succession cause transferred to Maseno SPM’s Court; original file and ruling to be transmitted; file at High Court closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E210 of 2024 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E210 of 2024 to be transmitted to Maseno SPM’s Court together with this ruling and order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Kliment Nyawara Kinyua alias Nyawara Kinywa (Deceased) (Miscellaneous Succession Cause 084 of 2024) [2024] KEHC 7753 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7753 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 084 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Kliment Nyawara Kinyua alias Nyawara Kinywa, according to the letter dated 1st December, 2023 written by the Chief, S.W.Kisumu Location, was a resident of Lower Osiri SubLocation within S.W.Kisumu Location.
2. The estate property is Kisumu/Kanywegi/4664, which is within the jurisdiction of Maseno SPM’s court.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E210 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E210 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.
5. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given 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 28THDAY OF JUNE 2024R. E. ABURILIJUDGE