[2024] KEHC 5633 (KLR)
The court found that since the deceased was resident in Vihiga County and the estate property is located in South Maragoli/Bugonda/2359, it is appropriate and just for the Kisumu Chief Magistrate Succession Cause No. 434 of 2020 to be transferred to the Vihiga Senior Principal Magistrate’s Court for hearing and...
Source-derived case information.
- Citation
- [2024] KEHC 5633 (KLR)
- Parties
- Applicant: Milton Samba Bolingo alias Milton Sambo Bolingo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 183 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Application for Transfer of Succession Cause
- Outcome
- Application for transfer allowed; file transferred to Vihiga Senior Principal Magistrate’s Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Transfer, Jurisdiction, Estate Administration
- Source Language
- en
Source-derived case record
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Parties
Milton Samba Bolingo alias Milton Sambo Bolingo (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Application for Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. 434 of 2020 should be transferred to Vihiga Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court found that since the deceased was resident in Vihiga County and the estate property is located in South Maragoli/Bugonda/2359, it is appropriate and just for the Kisumu Chief Magistrate Succession Cause No. 434 of 2020 to be transferred to the Vihiga Senior Principal Magistrate’s Court for hearing and final determination. The transfer ensures that the matter is heard in the court with proper territorial jurisdiction, facilitating convenience for parties and efficient administration of the estate.
Court Disposition
Application for transfer allowed; file transferred to Vihiga Senior Principal Magistrate’s Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. 434 of 2020 is transferred to Vihiga Senior Principal Magistrate’s Court for hearing and final determination.
- The SPM, Vihiga shall notify the parties once the original file and order are received.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Milton Samba Bolingo alias Milton Sambo Bolingo (Deceased) (Miscellaneous Succession Cause 183 of 2024) [2024] KEHC 5633 (KLR) (17 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5633 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 183 of 2024
RE Aburili, J
May 17, 2024
Ruling
1. This file was opened for purposes of transfer of Kisumu Chief Magistrate P&A No. 434 of 2020 to Vihiga Law Courts, as submitted to this court by the lower court.
2. I have perused Kisumu Chief Magistrate Succession No. 434 of 2020. It involves the estate of Milton Samba Bolingo, deceased resident of Vihiga County and the estate property to be administered and distributed is South Maragoli/Bugonda/2359.
3. In the circumstances, I hereby transfer Kisumu Chief Magistrate Succession Cause No. 434 of 2020 to Vihiga Senior Principal Magistrate’s court for hearing and final determination.
4. The SPM, Vihiga shall notify the parties once the original file and order are received. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF MAY, 2024R. E. ABURILIJUDGE