[2024] KEHC 6075 (KLR)
The court found that since the estate property, Kisumu/Buoye/2319, is situated within the jurisdiction of Winam SPM's Court, and all beneficiaries are known and accessible within that locality, it is proper and just to transfer the succession cause from Kisumu Chief Magistrate's Court to Winam SPM's Court for...
Source-derived case information.
- Citation
- [2024] KEHC 6075 (KLR)
- Parties
- Applicant: Onjweru Augustinus Owange (Deceased); Respondent: Beneficiaries (not individually named)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 175 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; file closed in current court.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onjweru Augustinus Owange (Deceased)
Applicant
Beneficiaries (not individually named)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E049 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 found that since the estate property, Kisumu/Buoye/2319, is situated within the jurisdiction of Winam SPM's Court, and all beneficiaries are known and accessible within that locality, it is proper and just to transfer the succession cause from Kisumu Chief Magistrate's Court to Winam SPM's Court for hearing and final determination. This ensures that the matter is heard by the court with the appropriate territorial jurisdiction, in accordance with the Law of Succession Act and established procedural rules.
Court Disposition
Succession cause transferred to Winam SPM's Court; original file to be transmitted; file closed in current court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E049 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E049 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 Onjweru Augustinus Owange (Deceased) (Miscellaneous Succession Cause 175 of 2024) [2024] KEHC 6075 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6075 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 175 of 2024
RE Aburili, J
May 29, 2024
Ruling
1. The deceased Onjwaru Augustinus Owange was, according to the Assistant Chief’s letter dated 29th November 2023, resident of Kanyamira village, Mayenya Sub-location, Kolwa East Location.
2. The estate property is Kisumu/Buoye/2319 which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Mayenya Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E049 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E049 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. ABURILIJUDGEPage 2 of 2