[2024] KEHC 7790 (KLR)
The court determined that both the domicile of the deceased and the location of the estate property fall within the jurisdiction of Maseno SPM's Court. As such, the Kisumu CM Succession Cause No. E162 of 2024 was improperly filed at Kisumu and must be transferred to the Maseno SPM's Court for proper adjudication....
Source-derived case information.
- Citation
- [2024] KEHC 7790 (KLR)
- Parties
- Applicant: Mbeda Ogone alias Sakaria Mbeda Ogone (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E098 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbeda Ogone alias Sakaria Mbeda Ogone (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu CM Succession Cause No. E162 of 2024 should be transferred to the court with proper territorial jurisdiction.
- 2 Whether the estate property and domicile of the deceased fall within the jurisdiction of Maseno SPM's Court.
Ratio Decidendi
The court determined that both the domicile of the deceased and the location of the estate property fall within the jurisdiction of Maseno SPM's Court. As such, the Kisumu CM Succession Cause No. E162 of 2024 was improperly filed at Kisumu and must be transferred to the Maseno SPM's Court for proper adjudication. The court ordered the transmission of the original file and this ruling to Maseno SPM's Court and directed that the parties be notified to proceed with the succession cause in the correct forum, ensuring all necessary consents are filed before any grant is issued.
Court Disposition
Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu CM Succession Cause No. E162 of 2024 is transferred to Maseno SPM's Court.
- The original Kisumu CM Succession No. E162 of 2024 file to be transmitted to Maseno SPM's Court together with this ruling and order.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Mbeda Ogone alias Sakaria Mbeda Ogone (Deceased) (Miscellaneous Succession Cause E098 of 2024) [2024] KEHC 7790 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7790 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E098 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Mbeda Ogone according to the documents filed, including letter dated 5/3/2024 by the Assistant Chief, Lower Osir Sub Location, was a resident of that location which is within the jurisdiction of Maseno law Courts. Similarly, the estate property listed as per the search certificate annexed to the petition for grant which is Kisumu/Kanyawegi/1972 is within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E162 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E162 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given to move the court and prosecute the succession cause and to file into court all the necessary consents before any grant can issue.
5. This file is closed.
6. I so order.
Dated, Signed and Delivered at Kisumu this 28th Day of June 2024R. E. ABURILIJUDGEPage 2 of 2