[2024] KEHC 7752 (KLR)
The court found that the estate property, Kisumu/KIT-Mikayi/2195, and all beneficiaries are within the jurisdiction of Maseno SPM's Court. Therefore, it is proper and just to transfer Kisumu Chief Magistrate Succession Cause No. E609 of 2023 to Maseno SPM's Court for hearing and final determination. The transfer...
Source-derived case information.
- Citation
- [2024] KEHC 7752 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 080 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Jurisdiction of Courts, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E609 of 2023 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether the Maseno SPM's Court has jurisdiction over the estate property and beneficiaries.
Ratio Decidendi
The court found that the estate property, Kisumu/KIT-Mikayi/2195, and all beneficiaries are within the jurisdiction of Maseno SPM's Court. Therefore, it is proper and just to transfer Kisumu Chief Magistrate Succession Cause No. E609 of 2023 to Maseno SPM's Court for hearing and final determination. The transfer ensures that the matter is heard in the court with territorial and subject matter jurisdiction, facilitating convenience for the parties and compliance with the law. The original file and this order are to be transmitted to Maseno SPM's Court, which is directed to notify the parties accordingly. The High Court file is closed upon transfer.
Court Disposition
Succession cause transferred to Maseno SPM's Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E609 of 2023 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E609 of 2023 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 Okach Okuna (Deceased) (Miscellaneous Succession Cause 080 of 2024) [2024] KEHC 7752 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7752 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 080 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Okach Okuna, according to the Chief’s letter dated 25th August, 2023, was a resident of East Seme Location within Seme Sub County.
2. The estate property is Kisumu/KIT-Mikayi/2195, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, East Seme Location and are residents of East Seme.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E609 of 2023 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E609 of 2023 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