[2024] KEHC 7967 (KLR)
The court found that the estate property, Kisumu/Kombewa/339, falls within the jurisdiction of Maseno SPM's Court. For proper administration of justice and convenience to the beneficiaries, the succession cause pending before the Kisumu Chief Magistrate's Court should be transferred to the Maseno SPM's Court. The...
Source-derived case information.
- Citation
- [2024] KEHC 7967 (KLR)
- Parties
- Applicant: Okelo Oyoko (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 116 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, Jurisdiction of Court, Transfer of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okelo Oyoko (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has jurisdiction over the estate property located in Maseno.
- 2 Whether the succession cause should be transferred to the Maseno SPM's Court for hearing and determination.
Ratio Decidendi
The court found that the estate property, Kisumu/Kombewa/339, falls within the jurisdiction of Maseno SPM's Court. For proper administration of justice and convenience to the beneficiaries, the succession cause pending before the Kisumu Chief Magistrate's Court should be transferred to the Maseno SPM's Court. The court ordered the transmission of the original file and directed the Maseno SPM's Court to notify the parties and proceed with the hearing and determination of the succession cause.
Court Disposition
Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E204 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E204 of 2024 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 Okelo Oyoko (Deceased) (Miscellaneous Succession Cause 116 of 2024) [2024] KEHC 7967 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7967 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 116 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Okelo Oyoko according to the Assistant Chief’s letter dated 17th November, 2023, was a resident of Upper Kombewa Sub-location, South Central Seme Location within Seme Sub-County.
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 Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E204 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E204 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. ABURILIJUDGEPage 1 of 1