[2024] KEHC 7775 (KLR)
The court found that the estate property, Kisumu/Kombewa/339, is situated within the jurisdiction of Maseno SPM’s Court and that all beneficiaries reside in Kombewa Sub-county. The Assistant Chief’s letter confirmed these facts. Therefore, it is appropriate and just for the Kisumu Chief Magistrate Succession Cause...
Source-derived case information.
- Citation
- [2024] KEHC 7775 (KLR)
- Parties
- Applicant: Richard Omondi; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 074 of 2024
- Procedural Posture
- Miscellaneous Succession 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 Procedure, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Omondi
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. E205 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/Kombewa/339, is situated within the jurisdiction of Maseno SPM’s Court and that all beneficiaries reside in Kombewa Sub-county. The Assistant Chief’s letter confirmed these facts. Therefore, it is appropriate and just for the Kisumu Chief Magistrate Succession Cause No. E205 of 2024 to be transferred to Maseno SPM’s Court for hearing and final determination. The court ordered the transmission of the original file and this order to Maseno SPM’s Court and directed that the parties be notified to proceed with the prosecution of the succession cause at the appropriate forum.
Court Disposition
Succession cause transferred to Maseno SPM’s Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E205 of 2024 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E205 of 2024 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 Okello Oyoko (Deceased) (Miscellaneous Succession Cause 074 of 2024) [2024] KEHC 7775 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7775 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 074 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF AN APPLICATION BY RICHARD OMONDI [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession cause No. E205 of 2024)
Ruling
1. The deceased Okelo Oyoko , according to the Assistant Chief’s letter dated 17th November, 2023, was a resident of Upper Kombewa Sublocation , South Central Seme Location.
2. The estate property is Kisumu/Kombewa/339, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, Upper Kombewa Sublocation and are residents of Kombewa Sub-county
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E205 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E205 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 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 28THDAY OF JUNE 2024R. E. ABURILIJUDGE