[2024] KEHC 7761 (KLR)
The court found that both the deceased's domicile and the location of the estate property fall within the jurisdiction of the Maseno SPM's Court. The documentary evidence provided, including the Chief's letter and the property search certificate, confirmed this fact. Therefore, the Kisumu Chief Magistrate's...
Source-derived case information.
- Citation
- [2024] KEHC 7761 (KLR)
- Parties
- Applicant: Sella Atieno Olawo; Respondent: Nicholaus Olawo Okonji (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E094 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred to Maseno SPM's Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sella Atieno Olawo
Applicant
Nicholaus Olawo Okonji (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Succession Cause No. E141 of 2024 should be transferred to the Maseno SPM's Court based on the deceased's domicile and location of estate property.
- 2 Whether the Maseno SPM's Court has proper jurisdiction over the estate of the deceased.
Ratio Decidendi
The court found that both the deceased's domicile and the location of the estate property fall within the jurisdiction of the Maseno SPM's Court. The documentary evidence provided, including the Chief's letter and the property search certificate, confirmed this fact. Therefore, the Kisumu Chief Magistrate's Succession Cause No. E141 of 2024 was improperly filed in Kisumu and should be transferred to the Maseno SPM's Court, which is the court of competent jurisdiction. The court further directed that the original file and this ruling be transmitted to Maseno SPM's Court, and that the parties be notified to take necessary steps for prosecution of the succession cause, including filing all...
Court Disposition
Application for transfer of succession cause allowed; file transferred to Maseno SPM's Court.
Orders
- Kisumu CM Succession Cause No. E141 of 2024 is transferred to Maseno SPM's Court.
- The original file and this ruling to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Nicholaus Olawo Okonji (Deceased) (Miscellaneous Succession Cause E094 of 2024) [2024] KEHC 7761 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7761 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E094 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF NICHOLAUS OLAWO OKONJI (DECEASED) AND IN THE MATTER OF AN APPLICATION BY SELLA ATIENO OLAWO [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E141 of 2024)
Ruling
1. The deceased Nicholaus Olawo Okonji, according to the documents filed, including letter dated 23/10/2023 by the Chief, Otwenya Location, was a resident of South Ratta Sublocation, Otwenya Location, Kombewa Division, Seme Sub County, which is within the jurisdiction of Maseno law Courts. Similarly, the estate property listed as per the search certificate annexed to the petition for grant which is Kisumu/Seme Ratta/2345 is within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E141 of 2024 to Maseno SPM’s Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E141 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given to move the court and prosecute the succession cause and to file into court all the necessary consents before any grant can issue.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE