[2024] KEHC 7923 (KLR)
The court found that the estate property, Kisumu/Kit Mikayi/2362, and all beneficiaries are located within the jurisdiction of Maseno SPM's Court. Therefore, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E197 of 2024 to Maseno SPM's Court for hearing and final determination. The...
Source-derived case information.
- Citation
- [2024] KEHC 7923 (KLR)
- Parties
- MISSING: Ondik Begi (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 112 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
Ondik Begi (Deceased)
MISSING
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E197 of 2024 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether the Maseno SPM's Court has jurisdiction over the estate property Kisumu/Kit Mikayi/2362.
Ratio Decidendi
The court found that the estate property, Kisumu/Kit Mikayi/2362, and all beneficiaries are located within the jurisdiction of Maseno SPM's Court. Therefore, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E197 of 2024 to Maseno SPM's Court for hearing and final determination. The transfer ensures that the matter is heard by the court with proper territorial jurisdiction, facilitating efficient administration of the estate and access to justice for all beneficiaries. The court also directed the transmission of the original file and order to Maseno SPM's Court and instructed the receiving court to notify the parties accordingly.
Court Disposition
Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E197 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E197 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 Ondik Begi (Deceased) (Miscellaneous Succession Cause 112 of 2024) [2024] KEHC 7923 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7923 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 112 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Ondik Begi according to the Chief’s letter dated 3rd April, 2024, was a resident of Kit Mikayi Sub-location in East Seme Location.
2. The estate property is Kisumu/Kit Mikayi/2362, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, East Seme Location and are residents of Kit Mikayi in East Seme Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E197 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E197 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 28THDAY OF JUNE 2024R. E. ABURILIJUDGE