[2022] KEHC 15549 (KLR)
The court declined to transfer the succession file to Madiany PM's court due to material discrepancies between the name on the death certificate and the name of the deceased in the petition and supporting documents. The court found that the death certificate did not match the deceased's name as per the petition and...
Source-derived case information.
- Citation
- [2022] KEHC 15549 (KLR)
- Parties
- Deceased: Felertinus Adimo Odero; Deceased (per Death Certificate): Rakeen Odero Ombrose
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 68 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of File
- Outcome
- application for transfer declined; file to remain at Bondo PM's court
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Estate Administration, Jurisdiction Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felertinus Adimo Odero
Deceased
Rakeen Odero Ombrose
Deceased (per Death Certificate)
Procedural Posture
Succession Cause / Ruling on Transfer of File
Legal Issues
- 1 Whether the succession file should be transferred to Madiany PM's court given the discrepancies in the deceased's identity.
- 2 Whether the death certificate and land documents correspond to the person named in the petition.
- 3 Whether the court should proceed with the matter given the risk of fraudulent use of a grant.
Ratio Decidendi
The court declined to transfer the succession file to Madiany PM's court due to material discrepancies between the name on the death certificate and the name of the deceased in the petition and supporting documents. The court found that the death certificate did not match the deceased's name as per the petition and the chief's letter, and the land title in question had already been closed on subdivision, raising concerns about the existence of the property and the risk of fraudulent use of a grant. The court held that it would be inappropriate to transfer the file under these circumstances and directed that the Bondo PM's court should handle the matter, allowing the petitioner to approach...
Court Disposition
application for transfer declined; file to remain at Bondo PM's court
Orders
- The file shall not be transferred to Madiany PM's court.
- The original court file shall be returned to Bondo PM's court for necessary action.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Late Felertinus Adimo Odero (Deceased) (Succession Cause 68 of 2022) [2022] KEHC 15549 (KLR) (18 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15549 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 68 of 2022
RE Aburili, J
November 18, 2022
Ruling
1. This file was opened to host Bondo PM P&A E391/2021 for transfer to Madiany PM’s court following the establishment and gazettement of the latter court and as the subject matter and parties in the succession cause reside within the jurisdiction of Madiany court.
2. I however, observe that the death certificate no 449373 for Rakeen Odero Ombrose has different names from the person named as the deceased Felestinus Adimo Odero as per the petition filed in court and as per the chief’s introductory letter dated April 23, 2020.
3. Furthermore, the search certificate for the sole immovable property being Siaya/Masala/290 dated February 28, 2018 shows that on December 1, 1995, the title was closed on subdivision. No doubt, that title to land does not exist and unscrupulous person can use a grant obtained erroneously for ulterior motives, to disturb the status quo left by the deceased himself since he was not survived by any wife or child, according to the chief’s letter which letter does not say that the deceased had alias names.
4. I decline to transfer this file to Madiany law courts. I direct that the court at Bondo PM’s court deals with this matter which was opened using death certificate that does not match the deceased’s names in the petition and land documents and if possible, deal with the file from that end so that the petitioner can approach the court as appropriate in succession matters.
5. The original court file shall forthwith be returned to Bondo PM’s court for necessary action. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE