[2024] KEHC 6073 (KLR)
The court determined that since the estate property, Kisumu/Wathorego/2108, is situated within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the relevant local Chief, it is proper and efficient to transfer the succession cause from the Kisumu Chief Magistrate’s Court to the Winam SPM’s...
Source-derived case information.
- Citation
- [2024] KEHC 6073 (KLR)
- Parties
- Applicant: Nashon Omol Ajwang alias Nashon Omol Ajuang (Deceased); Respondent: Beneficiaries (not individually named)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 177 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM’s Court; Kisumu file closed.
- 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
Nashon Omol Ajwang alias Nashon Omol Ajuang (Deceased)
Applicant
Beneficiaries (not individually named)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E038 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, Kisumu/Wathorego/2108, is situated within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the relevant local Chief, it is proper and efficient to transfer the succession cause from the Kisumu Chief Magistrate’s Court to the Winam SPM’s Court for hearing and final determination. This ensures that the matter is adjudicated by the court with the appropriate territorial jurisdiction, in accordance with the applicable succession laws and procedural rules.
Court Disposition
Succession cause transferred to Winam SPM’s Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E038 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E038 of 2024 file 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 Nashon Omol Ajwang alias Nashon Omol Ajuang (Deceased) (Miscellaneous Succession Cause 177 of 2024) [2024] KEHC 6073 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6073 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 177 of 2024
RE Aburili, J
May 29, 2024
Ruling
1. The deceased Nashon Omol Ajwang alias Nashon Omol Ajuang was, according to the Chief’s letter dated 29th January 2024, resident of Wathorego Sub-location in West Kajulu Location.
2. The estate property is Kisumu/Wathorego/2108 which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, West Kajulu Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E038 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E038 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 29TH DAY OF MAY, 2024R. E. ABURILIJUDGE