[2024] KEHC 5724 (KLR)
The court found that since the deceased and all beneficiaries are residents of East Ugenya Location and the deceased was buried in Ugenya, Siaya County, the Kisumu Chief Magistrate's Court lacked local jurisdiction. Accordingly, the matter should be transferred to the Ukwala Law Courts, which have the appropriate...
Source-derived case information.
- Citation
- [2024] KEHC 5724 (KLR)
- Parties
- MISSING: Mangira Osiye alias Mangira Osie (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 181 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession cause transferred to Ukwala Law Courts; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mangira Osiye alias Mangira Osie (Deceased)
MISSING
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has jurisdiction to hear the succession cause concerning the estate of Mangira Osiye.
- 2 Whether the matter should be transferred to a court with local jurisdiction.
Ratio Decidendi
The court found that since the deceased and all beneficiaries are residents of East Ugenya Location and the deceased was buried in Ugenya, Siaya County, the Kisumu Chief Magistrate's Court lacked local jurisdiction. Accordingly, the matter should be transferred to the Ukwala Law Courts, which have the appropriate territorial jurisdiction to hear and determine the succession cause. The transfer ensures compliance with statutory requirements regarding jurisdiction in succession proceedings.
Court Disposition
Succession cause transferred to Ukwala Law Courts; Kisumu file closed.
Orders
- Kisumu CM Succession Cause No E628 of 2023 is transferred to Ukwala Law Courts for hearing and final determination.
- SPM, Ukwala to notify the parties upon receipt of the original file and this order.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Mangira Osiye alias Mangira Osie (Deceased) (Miscellaneous Succession Cause 181 of 2024) [2024] KEHC 5724 (KLR) (17 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5724 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 181 of 2024
RE Aburili, J
May 17, 2024
Ruling
1. The deceased Mangira Osiye alias Mangira Osie was resident of Ugenya in Siaya County where his remains were interred.
2. The letter of the Chief identifying beneficiaries in Kisumu Chief Magistrate Succession Cause No E628 of 2023 shows that the deceased and all beneficiaries are residents of East Ugenya Location. This matter was brought to this court by the lower court for transfer to the court with local jurisdiction to try the matter.
3. I hereby transfer Kisumu CM Succession Cause No E628 of 2023 to Ukwala Law Courts for hearing and final determination.
4. SPM, Ukwala to notify the parties once they receive the original file with this order.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF MAY, 2024R. E. ABURILIJUDGE