[2024] KEHC 12855 (KLR)

[2024] KEHC 12855 (KLR)

The court determined that the proper forum for hearing and determining the succession cause is the Tamu Senior Principal Magistrate’s Court, as the deceased was resident within its jurisdiction. The supporting documents, including the death certificate and Chief’s letter, confirmed the deceased’s residence and the...

Source-derived case information.

Citation
[2024] KEHC 12855 (KLR)
Parties
Applicant: George Oduor Magero; Applicant: Risper Achieng Magero
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause 244 of 2024
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause for Jurisdictional Reasons
Outcome
Succession Cause No. E187 of 2024 transferred to Tamu Senior Principal Magistrate’s Court; Kisumu file closed.
Judges
RE Aburili
Legal Topics
Succession Jurisdiction, Transfer of Cause, Probate and Administration
Source Language
en
Family and Children Succession Jurisdiction Transfer of Cause Probate and Administration

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Parties

George Oduor Magero

Applicant

Risper Achieng Magero

Applicant

Procedural Posture

Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause for Jurisdictional Reasons

Legal Issues

  1. 1 Whether the Kisumu Chief Magistrate's Court has geographical jurisdiction over the estate of Lucas Apondi Magero.
  2. 2 Whether Succession Cause No. E187 of 2024 should be transferred to Tamu Senior Principal Magistrate’s Court.

Ratio Decidendi

The court determined that the proper forum for hearing and determining the succession cause is the Tamu Senior Principal Magistrate’s Court, as the deceased was resident within its jurisdiction. The supporting documents, including the death certificate and Chief’s letter, confirmed the deceased’s residence and the location of the estate. Therefore, the Kisumu Chief Magistrate’s Court lacked the requisite geographical jurisdiction, necessitating the transfer of the matter to the appropriate court. The court ordered the e-file to be transmitted to Tamu Law Courts and directed that the petitioner be notified to proceed accordingly.

Court Disposition

Succession Cause No. E187 of 2024 transferred to Tamu Senior Principal Magistrate’s Court; Kisumu file closed.

Orders

  • Kisumu Chief Magistrate’s Court Succession Cause No. E187 of 2024 is transferred to Tamu Senior Principal Magistrate’s Court for hearing and determination.
  • The e-file to be transmitted to Tamu Law Courts and upon receipt, the Petitioner to be notified forthwith to move the court.