[2024] KEHC 7924 (KLR)
The court found that the estate property, Kisumu/Pandpieri/487, is within the jurisdiction of Maseno SPM's Court and that all beneficiaries are known to the area chief. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E201 of 2024 to Maseno SPM's...
Source-derived case information.
- Citation
- [2024] KEHC 7924 (KLR)
- Parties
- Applicant: Hesbon Ogola Olore; Respondent: Estate of Norah Ogola alias Nora Ogola Ongisa (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 114 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hesbon Ogola Olore
Applicant
Estate of Norah Ogola alias Nora Ogola Ongisa (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E201 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 found that the estate property, Kisumu/Pandpieri/487, is within the jurisdiction of Maseno SPM's Court and that all beneficiaries are known to the area chief. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E201 of 2024 to Maseno SPM's Court for hearing and final determination. The transfer ensures that the matter is heard by the court with proper territorial jurisdiction over the estate property, thereby upholding the principles of orderly administration of estates and judicial efficiency.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E201 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E201 of 2024 file to be transmitted to Maseno SPM's Court together with this order.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Norah Ogola alias Nora Ogola Ongisa (Deceased) (Miscellaneous Succession Cause 114 of 2024) [2024] KEHC 7924 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7924 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 114 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF NORAH OGOLA alias NORA OGOLA ONGISA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY HESBON OGOLA OLORE [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E201 of 2024)
Ruling
1. The deceased Norah Ogola alias Nora Ogola Ongisa according to the Chief’s letter dated March 18, 2024, was a resident of Lower Kombewa in South Central Seme Location.
2. The estate property is Kisumu/Pandpieri/487, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, South Central Seme Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E201 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E201 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 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE