[2024] KEHC 6072 (KLR)
The court determined that since the estate property, Kisumu/Nyalenda ‘A’/322, is within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the Chief of Kanyagwal Location, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E057 of 2024 to...
Source-derived case information.
- Citation
- [2024] KEHC 6072 (KLR)
- Parties
- Applicant: Fanuel Akongo Origa; Respondent: Estate of Origa Origa Obondi (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 173 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Succession Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fanuel Akongo Origa
Applicant
Estate of Origa Origa Obondi (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E057 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/Nyalenda ‘A’/322, is within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the Chief of Kanyagwal Location, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E057 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, facilitating efficient administration of the estate and compliance with succession procedure.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E057 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E057 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 Origa Origa Obondi (Deceased) (Miscellaneous Succession Cause 173 of 2024) [2024] KEHC 6072 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6072 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 173 of 2024
RE Aburili, J
May 29, 2024
IN THE MATTER OF THE ESTATE OF ORIGA ORIGA OBONDI (DECEASED) AND IN THE MATTER OF AN APPLICATION BY FANUEL AKONGO ORIGA – APPLICANT
Ruling
1. The deceased Origa Origa Obondi was, according to the Chief’s letter dated 7th June 2022, resident of Kakacha village, Ogenya Sub-location, Kanyagwal Location within Kadibo Sub-county.
2. The estate property is Kisumu/Nyalenda ‘A’/322 which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, Kanyagwal Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E057 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E057 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