[2023] KEHC 3466 (KLR)
The court found that the estate, consisting of a single parcel of land valued at Kshs 400,000 and located in Siaya County, falls within the jurisdiction of the Siaya Magistrate's Court both geographically and in terms of pecuniary value. Therefore, the High Court at Kisumu is not the appropriate forum for the...
Source-derived case information.
- Citation
- [2023] KEHC 3466 (KLR)
- Parties
- Applicant: Margaret Abony Owino; Applicant: Elizabeth Akinyi Denga; Respondent: Sesilia Otieno Owino
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 898 of 2014
- Procedural Posture
- Succession Cause / Ruling on Transfer of File and Substitution of Administrator
- Outcome
- File transferred to Siaya Chief Magistrate’s Court; High Court at Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Administration, Jurisdiction, Grant Confirmation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Abony Owino
Applicant
Elizabeth Akinyi Denga
Applicant
Sesilia Otieno Owino
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of File and Substitution of Administrator
Legal Issues
- 1 Whether the applicant Elizabeth Akinyi Denga should be substituted as administratix in place of the deceased petitioner.
- 2 Whether the High Court at Kisumu has jurisdiction to continue hearing the matter given the value and location of the estate.
Ratio Decidendi
The court found that the estate, consisting of a single parcel of land valued at Kshs 400,000 and located in Siaya County, falls within the jurisdiction of the Siaya Magistrate's Court both geographically and in terms of pecuniary value. Therefore, the High Court at Kisumu is not the appropriate forum for the matter. The court ordered the transfer of the entire file to the Siaya Chief Magistrate’s Court for consideration of all pending issues, including the application for substitution of the administrator. The court also highlighted the procedural omission of failing to provide the applicant's contact details, which impedes effective communication and administration of justice.
Court Disposition
File transferred to Siaya Chief Magistrate’s Court; High Court at Kisumu file closed.
Orders
- The entire file is transferred to Siaya Chief Magistrate’s Court for consideration of all pending issues.
- Deputy Registrar to transmit the file to the Chief Magistrate at Siaya and notify the applicant and other surviving beneficiary, with a copy to the Chief, East Gem Location.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Maurice Owino Owiti alias Morris Owino (Deceased) (Succession Cause 898 of 2014) [2023] KEHC 3466 (KLR) (24 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3466 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 898 of 2014
RE Aburili, J
April 24, 2023
In the matter of
Margaret Abony Owino
Applicant
Ruling
1. Margaret Abony Owino was the petitioner and administrator of the estate of the deceased Maurice Owino Owiti. She was issued with a grant of representation on December 11, 2014 and on September 8, 2015, she applied by way of summons for confirmation of the said grant.
2. Regrettably, from the Notice of Motion dated November 30, 2015 filed by Elizabeth Akinyi Denga, who is her daughter and beneficiary, the petitioner died on October 9, 2015 before confirmation of the said grant.
3. The applicant Elizabeth Akinyi Denga prays that she be substituted as the administratix in the place of her deceased mother. She however refers to a burial permit which is not annexed to her affidavit in support.
4. This matter came up before my sister Judge Mwanaisha on February 27, 2023 and she directed that a limited grant and chief’s letter be filed by way of a supplementary affidavit.
5. I have perused the file and I observe that the deceased’s estate comprises one parcel of land described as East Gem/Ramula/115 measuring 1. 3 Ha as per the search certificate issued on September 12, 2014 from Siaya Lands Office. The estimated value of that land is given as Kshs 400,000 only. The applicant herein does not even indicate her physical or postal address but from the Chief’s letter dated September 15, 2014 issued to the petitioner Margaret Owino, the land parcel No East Gem/Ramula/115 is situate in Siaya County, East Gem location.
6. In the death certificate issued on April 11, 2002, the deceased Maurice Owino Owiti who died on September 16, 1999 was domiciled at Gem, Siaya.
7. That being the case, it is clear to me that the Succession cause herein ought, in the first instance, to have been lodged at Siaya Magistrate’s court owing to the Geographical jurisdiction as well as the pecuniary value of the estate of the deceased.
8. In the circumstances, I hereby order that the entire file herein shall be transferred to Siaya Chief Magistrate’s Court for consideration of all the pending issues on their merit.
9. The Deputy Registrar to transmit this file to the Chief Magistrate at Siaya and notify the applicant Elizabeth Akinyi Denga and the other surviving beneficiary, Sesilia Otieno Owino with a copy to the Chief, East Gem Location (Box 348 Luanda).
10. I so order and mark this file as closed from the High Court at Kisumu.
11. As an advisory to our Registry Staff, all pleadings must have postal and physical addresses of the applicants as well as their telephone contacts.
12. This file is devoid of those particulars which is a serious omission as it becomes very difficult to contact parties.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF APRIL, 2023R. E. ABURILIJUDGEPage 3 of 3