[2024] KEHC 10273 (KLR)
The court determined that since the estate property, Kisumu/Othany/3953, is located within the jurisdiction of Maseno SPM’s Court and all beneficiaries are from that area, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E233 of 2024 to Maseno SPM’s Court for hearing and final...
Source-derived case information.
- Citation
- [2024] KEHC 10273 (KLR)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause 196 of 2024
- Procedural Posture
- Miscellaneous Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM’s Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Cause Transfer, Jurisdiction of Courts, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Miscellaneous Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E233 of 2024 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Maseno SPM’s Court.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Othany/3953, is located within the jurisdiction of Maseno SPM’s Court and all beneficiaries are from that area, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E233 of 2024 to Maseno SPM’s Court for hearing and final determination. This ensures that the matter is heard in the proper forum, in accordance with the rules governing succession proceedings and jurisdiction.
Court Disposition
Succession cause transferred to Maseno SPM’s Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E233 of 2024 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E233 of 2024 to be transmitted to Maseno SPM’s court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Nicolous Osura Agengo (Deceased) (Miscellaneous Cause 196 of 2024) [2024] KEHC 10273 (KLR) (15 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10273 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Cause 196 of 2024
RE Aburili, J
August 15, 2024
Ruling
1. The deceased Nicholous Osura Agengo, from the Assistant Chief’s letter dated 18/11/2023 was a resident of East Othany Sublocation, South Central Seme Location.
2. The estate property is Kisumu/Othany/3953, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are listed by the Assistant Chief of the area, East Othany Sublocation.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E233 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E233 of 2024 to be transmitted to Maseno SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given and or through the area chief 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 15TH DAY OF AUGUST, 2024R. E. ABURILIJUDGE