[2024] KEHC 6082 (KLR)
The court determined that since the estate property, Kisumu/Chiga/94, is within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the local Assistant Chief, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No E152 of 2024 to Winam SPM's Court for hearing and...
Source-derived case information.
- Citation
- [2024] KEHC 6082 (KLR)
- Parties
- Applicant: Milka Atieno Ombago; Respondent: Ombago Wangige (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 159 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM's Court; original file and order to be transmitted; 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
Milka Atieno Ombago
Applicant
Ombago Wangige (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No E152 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/Chiga/94, is within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the local Assistant Chief, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No E152 of 2024 to Winam SPM's Court for hearing and final determination. The transfer will facilitate proper administration of the estate and ensure that the matter is heard by the court with territorial jurisdiction over the property in question.
Court Disposition
Succession cause transferred to Winam SPM's Court; original file and order to be transmitted; file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No E152 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No E152 of 2024 to be transmitted to Winam SPM's court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Ombago Wangige (Deceased) (Miscellaneous Succession Cause 159 of 2024) [2024] KEHC 6082 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6082 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 159 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 MILKA ATIENO OMBAGO (APPLICANT)
Ruling
1. The deceased Ombago Wangige was, according to the Assistant Chief’s letter dated 14th November, 2023, resident of Chiga Sub-location, Kolwa East Location 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 E152 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No E152 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