[2024] KEHC 6482 (KLR)
The court found that since the estate property, Kisumu/Wathorego/893, is within the jurisdiction of the Winam SPM’s Court and all beneficiaries are known to the Chief of Central Gem Location, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E184 of 2024 to the Winam SPM’s Court for...
Source-derived case information.
- Citation
- [2024] KEHC 6482 (KLR)
- Parties
- Applicant: Rose Aoko Jairo; Respondent: Maurice Owino Jairo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 134 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred and 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
Rose Aoko Jairo
Applicant
Maurice Owino Jairo (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the succession cause relating to the estate of Maurice Owino Jairo should be transferred to the appropriate court for hearing and determination.
- 2 Whether the original file and order should be transmitted to the receiving court.
Ratio Decidendi
The court found that since the estate property, Kisumu/Wathorego/893, is within the jurisdiction of the Winam SPM’s Court and all beneficiaries are known to the Chief of Central Gem Location, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E184 of 2024 to the Winam SPM’s Court for hearing and final determination. The transfer ensures that the matter is heard in the court with proper territorial jurisdiction over the estate property, in accordance with the Law of Succession Act and established practice. The court further directed that the original file and this order be transmitted to the Winam SPM’s Court, and that the receiving court notify the parties...
Court Disposition
Application for transfer of succession cause allowed; file transferred and High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E184 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E184 of 2024 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 maurice Owino Jairo (Deceased) (Miscellaneous Succession Cause 134 of 2024) [2024] KEHC 6482 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6482 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 134 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF MAURICE OWINO JAIRO (DECEASED) AND IN THE MATTER OF AN APPLICATION ROSE AOKO JAIRO (APPLICANT)
Ruling
1. The deceased Maurice Owino Jairo was, according to the Chief’s letter dated 11th March 2024, resident of Kagilo Sub-location within Central Gem Location.
2. The estate property is Kisumu/Wathorego/893, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, Central Gem Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E184 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E184 of 2024 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 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE