[2024] KEHC 7791 (KLR)
The court determined that both the deceased's domicile and the location of the estate property fall within the jurisdiction of the Maseno SPM's Court. Therefore, it is proper and in accordance with the law that the Kisumu Chief Magistrate's Succession Cause No. E175 of 2024 be transferred to the Maseno SPM's Court...
Source-derived case information.
- Citation
- [2024] KEHC 7791 (KLR)
- Parties
- Applicant: Gideon Orege Ooro; Respondent: Obeng Orege alias Samuel Ooro Orege (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 102 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; High Court file closed.
- 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
Gideon Orege Ooro
Applicant
Obeng Orege alias Samuel Ooro Orege (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. E175 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 determined that both the deceased's domicile and the location of the estate property fall within the jurisdiction of the Maseno SPM's Court. Therefore, it is proper and in accordance with the law that the Kisumu Chief Magistrate's Succession Cause No. E175 of 2024 be transferred to the Maseno SPM's Court for hearing and determination. The transfer ensures that the matter is prosecuted in the correct forum, and all necessary procedural steps, including notification of parties and filing of consents and the Chief's letter, are to be undertaken before any grant can issue.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Maseno SPM's Court; High Court file closed.
Orders
- Kisumu CM Succession Cause No. E175 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 Obeng Orege alias Samuel Ooro Orege (Deceased) (Miscellaneous Succession Cause 102 of 2024) [2024] KEHC 7791 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7791 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 102 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF OBENG OREGE ALIAS SAMUEL OORO OREGE DECEASED) AND
IN THE MATTER OF AN APPLICATION BY GIDEON OREGE OORO [PETITIONER] From Original Kisumu Chief Magistrate’s Succession Cause No. E175 of 2024
Ruling
1. The deceased Obeng Orege alias Samuel Ooro Orege, according to the documents filed, including letter dated 4/11/2021 by the Chief, North Central Seme Location was a resident of that Location, 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/Kowe/1517 is within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E175 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E175 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 and the most recent Chief’s letter introducing all beneficiaries before any grant can issue.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF JUNE 2024R. E. ABURILIJUDGE