[2024] KEHC 6088 (KLR)
The court determined that since the estate property, Kisumu/Nyalunya/659, is located within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the local Chief, it is appropriate and in accordance with succession procedure to transfer Kisumu Chief Magistrate Succession Cause No. E059 of 2024 to...
Source-derived case information.
- Citation
- [2024] KEHC 6088 (KLR)
- Parties
- MISSING: Oluoch Michael Onjweru (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 172 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM's Court; original file to be transmitted; Kisumu 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
Oluoch Michael Onjweru (Deceased)
MISSING
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E059 of 2024 should be transferred to Winam SPM's Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Winam SPM's Court.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Nyalunya/659, is located within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the local Chief, it is appropriate and in accordance with succession procedure to transfer Kisumu Chief Magistrate Succession Cause No. E059 of 2024 to Winam 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 estate property, thereby promoting efficient administration of justice.
Court Disposition
Succession cause transferred to Winam SPM's Court; original file to be transmitted; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E059 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E059 of 2024 to be transmitted to Winam SPM's court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Oluoch Michael Onjweru (Deceased) (Miscellaneous Succession Cause 172 of 2024) [2024] KEHC 6088 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6088 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 172 of 2024
RE Aburili, J
May 29, 2024
Ruling
1. The deceased Oluoch Michael Onjwaru was, according to the Chief’s letter dated 20th September 2020, resident of Nyalunya Sub-location, Central Kolwa Location, Kolwa Division in Kisumu East Sub-County District.
2. The estate property is Kisumu/Nyalunya/659 which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, Kolwa Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E059 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E059 of 2024 to be transmitted to Winam SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Winam 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 29TH DAY OF MAY, 2024R. E. ABURILIJUDGE