[2024] KEHC 6069 (KLR)
The court determined that since the estate property, Kisumu/Chiga/94, is located within the jurisdiction of the Winam SPM’s Court and all beneficiaries are known to the Assistant Chief of Chiga Sub-location, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No....
Source-derived case information.
- Citation
- [2024] KEHC 6069 (KLR)
- Parties
- Applicant: Magarita Ochola Ombago; Applicant: Gaudensia Akeyo Ombago
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 166 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM’s Court; High Court 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
Magarita Ochola Ombago
Applicant
Gaudensia Akeyo Ombago
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the succession cause should be transferred to the appropriate court with jurisdiction over the estate property.
- 2 Whether the original file and order should be transmitted to the receiving court for further proceedings.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Chiga/94, is located within the jurisdiction of the Winam SPM’s Court and all beneficiaries are known to the Assistant Chief of Chiga Sub-location, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E093 of 2024 to the Winam SPM’s Court for hearing and final determination. The court further ordered that the original file and this order be transmitted to the Winam SPM’s Court, which shall notify the parties to proceed with the prosecution of the succession cause. The file before the High Court is accordingly closed.
Court Disposition
Succession cause transferred to Winam SPM’s Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E093 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original file and this order to be transmitted to Winam SPM’s Court.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Ombago Wangige (Deceased) (Miscellaneous Succession Cause 166 of 2024) [2024] KEHC 6069 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6069 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 166 of 2024
RE Aburili, J
May 29, 2024
IN THE MATTER OF THE ESTATE OF OMBAGO WANGIGE (DECEASED) AND IN THE MATTER OF AN APPLICATION BY MAGARITA OCHOLA OMBAGO and GAUDENSIA AKEYO OMBAGO (APPLICANTS)
Ruling
1. The deceased Ombago Wangige was, according to the Assistant Chief’s letter dated 13th September 2023, resident of Chiga Sub-location, Kolwa East Location, Kolwa Division in Kisumu East Sub-county of Kisumu County.
2. The estate property is Kisumu/Chiga/94 which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Chiga Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E093 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E093 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