[2024] KEHC 7777 (KLR)
The court found that the estate property comprising Kisumu/KIT-Mikaye/2916, 2924, 2928, and 2938 is within the jurisdiction of Maseno SPM’s Court. All beneficiaries are residents of East Seme and known to the area Chief. To ensure the matter is heard in the proper forum, the court ordered the transfer of Kisumu...
Source-derived case information.
- Citation
- [2024] KEHC 7777 (KLR)
- Parties
- Applicant: Afline Achieng Obonyo; Respondent: Estate of Michael Omollo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 082 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM’s Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Transfer of Cause, Jurisdiction, Estate Administration
- 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
Afline Achieng Obonyo
Applicant
Estate of Michael Omollo (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E214 of 2024 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Maseno SPM’s Court.
Ratio Decidendi
The court found that the estate property comprising Kisumu/KIT-Mikaye/2916, 2924, 2928, and 2938 is within the jurisdiction of Maseno SPM’s Court. All beneficiaries are residents of East Seme and known to the area Chief. To ensure the matter is heard in the proper forum, the court ordered the transfer of Kisumu Chief Magistrate Succession Cause No. E214 of 2024 to Maseno SPM’s Court for hearing and final determination. The original file and this order are to be transmitted to Maseno SPM’s Court, which is to notify the parties accordingly. The High Court file is closed as a result.
Court Disposition
Succession cause transferred to Maseno SPM’s Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E214 of 2024 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E214 of 2024 to be transmitted to Maseno SPM’s Court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Michael Omollo (Decesed) (Miscellaneous Succession Cause 082 of 2024) [2024] KEHC 7777 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7777 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 082 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF MICHAEL OMOLLO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY AFLINE ACHIENG OBONYO [PETITIONER] From Original Kisumu Chief Magistrate’s Succession cause No. E214 of 2024
Ruling
1. The deceased Michael Omollo alias Michael Omolo Okongo, according to the Senior Assistant Chief’s letter dated 5th October, 2023, was a resident of Kit-Mikay Sub-Location, East Seme Location, within Seme Sub County.
2. The estate property is Kisumu/KIT-Mikaye/2916,2924,2928 and 2938, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, East Seme Location and are residents of East Seme.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E214 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E214 of 2024 to be transmitted to Maseno SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given and or through the area Chief 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 28THDAY OF JUNE 2024R. E. ABURILIJUDGE