[2024] KEHC 11750 (KLR)
The court found that since the deceased and the beneficiaries hail from the geographical jurisdiction of Maseno Senior Principal Magistrate's Court, it is appropriate and in accordance with the law and practice to transfer the succession cause from Kisumu Chief Magistrate's Court to Maseno SPM's Court. The transfer...
Source-derived case information.
- Citation
- [2024] KEHC 11750 (KLR)
- Parties
- Applicant: Helena Adongo Alaro; Applicant: Richard Omollo Alaro
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 226 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno Senior Principal Magistrate's Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Jurisdiction of Courts, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Helena Adongo Alaro
Applicant
Richard Omollo Alaro
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has jurisdiction to hear the succession cause given the geographical location of the deceased and beneficiaries.
- 2 Whether the succession cause should be transferred to Maseno Senior Principal Magistrate's Court for hearing and determination.
Ratio Decidendi
The court found that since the deceased and the beneficiaries hail from the geographical jurisdiction of Maseno Senior Principal Magistrate's Court, it is appropriate and in accordance with the law and practice to transfer the succession cause from Kisumu Chief Magistrate's Court to Maseno SPM's Court. The transfer ensures that the matter is heard by the court with proper territorial jurisdiction, as evidenced by the Assistant Chief's letter introducing the estate, beneficiaries, and assets. The court ordered the original file to be transmitted to Maseno SPM's Court and the applicants to be notified of the transfer.
Court Disposition
Succession cause transferred to Maseno Senior Principal Magistrate's Court; Kisumu file closed.
Orders
- Kisumu CM Succession Cause No. E331 of 2024 is transferred to Maseno Senior Principal Magistrate's Court for hearing and determination.
- The original file to be transmitted to Maseno SPM's Court via e-portal.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Mikael Alaro Omolo alias Alaro Omolo (Deceased) (Miscellaneous Succession Cause 226 of 2024) [2024] KEHC 11750 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11750 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 226 of 2024
RE Aburili, J
September 30, 2024
IN THE MATTER OF THE ESTATE OF MIKAEL ALARO OMOLO alias ALARO OMOLO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY HELENA ADONGO ALARO and RICHARD OMOLLO ALARO - PETITIONERS
Ruling
1. The Petitioners Helena Adongo Alaro and Richard Omollo sought for grant of letters of administration intestate to administer the estate of Mikael Alaro Omolo alias Alaro Omolo (deceased) vide Kisumu CM Succession Cause No. E331 of 2024. They paid full court fees for filing of the petition on 13th September 2024.
2. However, the file was brought to this court by the Chief Magistrate’s court seeking for transfer of the Succession Cause to Maseno SPM’s court on account that the deceased and beneficiaries hail from the geographical jurisdiction of Maseno SPM’s court.
3. This is evidenced by the letter dated 29th August 2024 by the Assistant Chief, Kaila Sub-location, East Seme Location, Paw-Akuche introducing the estate, beneficiaries and assets.
4. For the above reason, I hereby transfer Kisumu CM Succession Cause No. E331 of 2024 to Maseno Senior Principal Magistrate’s Court for hearing and determination.
5. The original Kisumu CM Succession No. E331 of 2024 to be transmitted to Maseno SPM’s court via e-portal, with copy of this order being served upon the Petitioners notifying them of the transfer of the cause, by Maseno court upon receipt of the transferred file.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE