[2024] KEHC 6491 (KLR)
The court found that the estate property, Kisumu/Buoye/3919, is within the jurisdiction of Winam SPM's Court. All beneficiaries are known to the local Chief, and there was no opposition to the application. Accordingly, the court exercised its discretion to transfer Kisumu Chief Magistrate Succession Cause No. E113...
Source-derived case information.
- Citation
- [2024] KEHC 6491 (KLR)
- Parties
- Applicant: Elizabeth Atieno Otieno; Respondent: Naphtaly Oningo Owuor alias Naftal Oningu Owuor (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 148 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Atieno Otieno
Applicant
Naphtaly Oningo Owuor alias Naftal Oningu Owuor (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E113 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 found that the estate property, Kisumu/Buoye/3919, is within the jurisdiction of Winam SPM's Court. All beneficiaries are known to the local Chief, and there was no opposition to the application. Accordingly, the court exercised its discretion to transfer Kisumu Chief Magistrate Succession Cause No. E113 of 2024 to Winam SPM's Court for hearing and final determination, ensuring that the matter is heard in the proper forum as required by law.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E113 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E113 of 2024 file to be transmitted to Winam SPM's Court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Naphtaly Oningo Owuor alias Naftal Oningu Owuor (Deceased) (Miscellaneous Succession Cause 148 of 2024) [2024] KEHC 6491 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6491 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 148 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF NAPHTALY ONINGO OWUOR alias NAFTAL ONINGU OWUOR (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ELIZABETH ATIENO OTIENO (APPLICANT)
Ruling
1. The deceased Naphtaly Oningo Owuor alias Naftali Oningu Owuor was, according to the Chief’s letter dated 1st February, 2024, resident of Buoye Sub-location, East Kolwa Location.
2. The estate property is Kisumu/Buoye/3919, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, East Kolwa Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E113 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E113 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