[2024] KEHC 7760 (KLR)
The court found that both the deceased's domicile and the location of the estate properties are within the jurisdiction of Maseno Law Courts. Therefore, it is proper and just to transfer the Kisumu CM Succession Cause No. E136 of 2024 to the Maseno SPM's Court to ensure the matter is heard in the correct forum. The...
Source-derived case information.
- Citation
- [2024] KEHC 7760 (KLR)
- Parties
- Applicant: Teresa Auma Arwa; Respondent: Estate of Lukah Arwa (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E092 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred to Maseno SPM's Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresa Auma Arwa
Applicant
Estate of Lukah Arwa (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu CM Succession Cause No. E136 of 2024 should be transferred to the Maseno SPM's Court based on the deceased's domicile and location of estate property.
Ratio Decidendi
The court found that both the deceased's domicile and the location of the estate properties are within the jurisdiction of Maseno Law Courts. Therefore, it is proper and just to transfer the Kisumu CM Succession Cause No. E136 of 2024 to the Maseno SPM's Court to ensure the matter is heard in the correct forum. The court ordered the transmission of the original file and this ruling to Maseno SPM's Court and directed that parties be notified to proceed with the succession cause there, with all necessary consents to be filed before any grant is issued.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Maseno SPM's Court.
Orders
- Kisumu CM Succession Cause No. E136 of 2024 is transferred to Maseno SPM's Court.
- The original file and this ruling to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Lukah Arwa (Deceased) (Miscellaneous Succession Cause E092 of 2024) [2024] KEHC 7760 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7760 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E092 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF LUKAH ARWA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY TERESA AUMA ARWA [PETITIONER]
Ruling
1. The deceased Lukah Arwa, according to the documents filed, including letter dated 4th March, 2024 by the Chief, South Central Seme Location, was a resident of East Kanyadwera which is within the jurisdiction of Maseno law Courts. Similarly, the estate properties as listed as per the search certificates annexed to the petition for grant are within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E136 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E136 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.
4. 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 and to file into court all the necessary consents before any grant can issue.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE