[2024] KEHC 10099 (KLR)
The court determined that since the estate property, Kisumu/Kitmikayi/245, is situated within the jurisdiction of Maseno SPM's Court, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E284 of 2024 to Maseno SPM's Court for hearing and final determination. The...
Source-derived case information.
- Citation
- [2024] KEHC 10099 (KLR)
- Parties
- Applicant: James Collins Odhiambo Okaka
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 195 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer allowed; succession cause transferred to Maseno SPM's Court.
- 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
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Parties
James Collins Odhiambo Okaka
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E284 of 2024 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 in question.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Kitmikayi/245, is situated within the jurisdiction of Maseno SPM's Court, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E284 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 subject property, thereby promoting orderly administration of justice in succession matters.
Court Disposition
Application for transfer allowed; succession cause transferred to Maseno SPM's Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E284 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E284 of 2024 file 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 Okaka Owiti (Deceased) (Miscellaneous Succession Cause 195 of 2024) [2024] KEHC 10099 (KLR) (13 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10099 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 195 of 2024
RE Aburili, J
August 13, 2024
IN THE MATTER OF THE ESTATE OF OKAKA OWITI (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JAMES COLLINS ODHIAMBO OKAKA (APPLICANT)
Ruling
1. The deceased Okaka Owiti was was a resident of Kitmikayi, within Seme Subcounty and the estate property is Kisumu/Kitmikayi/245, which is within the jurisdiction of Maseno SPM’s court.
2. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E284 of 2024 to Maseno SPM’s Court for hearing and final determination.
3. The original Kisumu CM Succession No. E284 of 2024 to be transmitted to Maseno SPM’s court together with this order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties to move the court and prosecute the succession cause.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13THDAY OF AUGUST, 2024R. E. ABURILIJUDGE