[2024] KEHC 6081 (KLR)
The court found that the estate property, Kisumu/Kadero Got Nyabondo/1806, and all beneficiaries are within the jurisdiction of Winam SPM's court as evidenced by the Chief's letter. Therefore, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E355 of 2023 to Winam SPM's Court for...
Source-derived case information.
- Citation
- [2024] KEHC 6081 (KLR)
- Parties
- Applicant: Caren Anyango Orwath; Respondent: Mathews Awino Orwath alias Awino Orwath (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 158 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM's Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Succession Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caren Anyango Orwath
Applicant
Mathews Awino Orwath alias Awino Orwath (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the succession cause should be transferred to the appropriate court with jurisdiction over the estate property.
- 2 Whether the beneficiaries and estate property fall within the jurisdiction of Winam SPM's court.
Ratio Decidendi
The court found that the estate property, Kisumu/Kadero Got Nyabondo/1806, and all beneficiaries are within the jurisdiction of Winam SPM's court as evidenced by the Chief's letter. Therefore, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E355 of 2023 to Winam SPM's Court for hearing and final determination. The original file and this order are to be transmitted to Winam SPM's court, which will notify the parties to proceed with the succession cause. The High Court file is closed as its purpose has been served by the transfer order.
Court Disposition
Succession cause transferred to Winam SPM's Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E355 of 2023 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E355 of 2023 to be transmitted to Winam SPM's court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Mathews Awino Orwath alias Awino Orwath (Deceased) (Miscellaneous Succession Cause 158 of 2024) [2024] KEHC 6081 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6081 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 158 of 2024
RE Aburili, J
May 29, 2024
IN THE MATTER OF THE ESTATE OF MATHEWS AWINO ORWATH alias AWINO ORWATH (DECEASED) AND IN THE MATTER OF AN APPLICATION BY CAREN ANYANGO ORWATH (APPLICANT)
Ruling
1. The deceased Mathews Awino Orwath alias Awino Orwath was, according to the Chief’s letter dated 17th April 2023, resident of Okok Sub-location, East Kajulu Location.
2. The estate property is Kisumu/Kadero Got Nyabondo/1806, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, East Kajulu Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E355 of 2023 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E355 of 2023 to be transmitted to Winam SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Winam Law Courts to notify the parties 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 29TH DAY OF MAY, 2024R. E. ABURILIJUDGE