[2024] KEHC 7960 (KLR)
The High Court determined that since the estate property, Kisumu/Reru/2109, is located within the jurisdiction of Maseno SPM's Court and all beneficiaries reside in West Seme Location, it is proper and just to transfer the succession cause from the Kisumu Chief Magistrate's Court to Maseno SPM's Court. This ensures...
Source-derived case information.
- Citation
- [2024] KEHC 7960 (KLR)
- Parties
- Applicant: Ayub Otieno Jawuor Madara; Respondent: Estate of Manasi Madara Madara alias Manase Mandara Mandara (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 111 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause granted.
- 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
Ayub Otieno Jawuor Madara
Applicant
Estate of Manasi Madara Madara alias Manase Mandara Mandara (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Succession Cause No. E194 of 2024 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether the Maseno SPM's Court has proper jurisdiction over the estate property.
Ratio Decidendi
The High Court determined that since the estate property, Kisumu/Reru/2109, is located within the jurisdiction of Maseno SPM's Court and all beneficiaries reside in West Seme Location, it is proper and just to transfer the succession cause from the Kisumu Chief Magistrate's Court to Maseno SPM's Court. This ensures that the matter is heard in the court with territorial jurisdiction over the property and beneficiaries, in accordance with the Law of Succession Act and procedural rules. The transfer will facilitate efficient administration of the estate and convenience for all parties involved.
Court Disposition
Application for transfer of succession cause granted.
Orders
- Kisumu Chief Magistrate Succession Cause No. E194 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original file and this order to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Manasi Madara Madara alias Manase Mandara Mandara (Deceased) (Miscellaneous Succession Cause 111 of 2024) [2024] KEHC 7960 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7960 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 111 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF MANASI MADARA MADARA alias MANASE MANDARA MANDARA (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY AYUB OTIENO JAWUOR MADARA [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E194 of 2024)
Ruling
1. The deceased Manasi Madara Madara alias Manase Mandara Mandara according to the Chief’s letter dated 25th March, 2024, was a resident of East Reru Sub-location in West Seme Location.
2. The estate property is Kisumu/Reru/2109, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, West Seme Location and are residents of West Seme Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E194 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E194 of 2024 to be transmitted to Maseno SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given and or through the area chief 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 28TH DAY OF JUNE 2024. R. E. ABURILIJUDGE