[2024] KEHC 6458 (KLR)
The court determined that since the estate property is located within the jurisdiction of Winam SPM’s Court and all beneficiaries are locally known, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No E225 of 2024 to Winam SPM’s Court for hearing and final determination. This ensures...
Source-derived case information.
- Citation
- [2024] KEHC 6458 (KLR)
- Parties
- MISSING: Najib Ali Ismail (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 128 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM’s Court; original file to be transmitted; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Najib Ali Ismail (Deceased)
MISSING
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No E225 of 2024 should be transferred to Winam SPM’s Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Winam SPM’s Court.
Ratio Decidendi
The court determined that since the estate property is located within the jurisdiction of Winam SPM’s Court and all beneficiaries are locally known, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No E225 of 2024 to Winam SPM’s Court for hearing and final determination. This ensures the matter is prosecuted in the proper forum, facilitating access to justice for all parties involved.
Court Disposition
Succession cause transferred to Winam SPM’s Court; original file to be transmitted; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No E225 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No E225 of 2024 to be transmitted to Winam SPM’s court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Najib Ali Ismail (Deceased) (Miscellaneous Succession Cause 128 of 2024) [2024] KEHC 6458 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6458 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 128 of 2024
RE Aburili, J
June 3, 2024
Ruling
1. The deceased Najib Ali Ismail was, according to the Assistant Chief’s letter dated 19th September, 2023, resident of Nyawita Sub-location, Kondele Location, Winam Division.
2. The estate property is Kisumu/Kanyakwar ‘A’/1753, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Nyawita Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No E225 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No E225 of 2024 to be transmitted to Winam SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Winam Law Courts to notify the parties 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 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE