[2024] KEHC 4846 (KLR)
The court found that the deceased and his estate are domiciled within the geographical location of Maseno Senior Principal Magistrate’s Court. Therefore, it is appropriate and merited to transfer the succession cause from Kisumu Chief Magistrate’s Court to Maseno Senior Principal Magistrate’s Court for hearing and...
Source-derived case information.
- Citation
- [2024] KEHC 4846 (KLR)
- Parties
- Applicant: Adhiambo Mildred
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E024 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Ex Parte Application for Transfer of Proceedings
- Outcome
- Application allowed. Succession cause transferred to Maseno Senior Principal Magistrate’s Court. File closed.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adhiambo Mildred
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Ex Parte Application for Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred from Kisumu Chief Magistrate's Court to Maseno Senior Principal Magistrate’s Court.
- 2 Whether the deceased and estate's domicile justifies the transfer.
Ratio Decidendi
The court found that the deceased and his estate are domiciled within the geographical location of Maseno Senior Principal Magistrate’s Court. Therefore, it is appropriate and merited to transfer the succession cause from Kisumu Chief Magistrate’s Court to Maseno Senior Principal Magistrate’s Court for hearing and determination. The application for transfer was allowed and the file ordered closed.
Court Disposition
Application allowed. Succession cause transferred to Maseno Senior Principal Magistrate’s Court. File closed.
Orders
- Kisumu Chief Magistrates Court P&A No. E077 of 2024 is withdrawn and transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
- This file is closed.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Naboth Okonji Obiero (Deceased) (Miscellaneous Succession Cause E024 of 2024) [2024] KEHC 4846 (KLR) (24 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4846 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E024 of 2024
RE Aburili, J
April 24, 2024
IN THE MATTER OF THE ESTATE OF NABOTH OKONJI OBIERO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ADHIAMBO MILDRED- APPLICANT
Ruling
1. I have considered the Chamber Summons dated 9th April 2024 which seeks orders for transfer of Kisumu Chief Magistrate Succession Cause No. E077 of 2024 to Maseno Senior Principal Magistrate’s Court. The application is made exparte.
2. The deceased and his estate are domiciled within the geographical location of Maseno Senior Principal Magistrate’s court.
3. In the premises, I find the application merited. I hereby order for the withdrawal of Kisumu Chief Magistrates Court P&A No. E077 of 2024 and transfer the same to Maseno Senior Principal Magistrate’s Court for hearing and determination.
4. This file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF APRIL, 2024R. E. ABURILIJUDGE