[2024] KEHC 7756 (KLR)
The court determined that since the estate property, Kisumu/Kombewa/1548, is situated within the jurisdiction of the Maseno SPM's Court, it is appropriate and in accordance with the law for the succession cause to be transferred there for hearing and final determination. The transfer ensures that the matter is...
Source-derived case information.
- Citation
- [2024] KEHC 7756 (KLR)
- Parties
- Applicant: Meshack Oyucho Opiyo; Respondent: Estate of Osewe Obure (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 086 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 Procedure, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meshack Oyucho Opiyo
Applicant
Estate of Osewe Obure (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Succession Cause No. E215 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/Kombewa/1548.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Kombewa/1548, is situated within the jurisdiction of the Maseno SPM's Court, it is appropriate and in accordance with the law for the succession cause to be transferred there for hearing and final determination. The transfer ensures that the matter is adjudicated by the court with proper territorial jurisdiction, as supported by the Assistant Chief's letter confirming the deceased's residence and the location of the property. The court thus ordered the transfer of the file and closure of the current file in the High Court at Kisumu.
Court Disposition
Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E215 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E215 of 2024 to be transmitted to Maseno SPM's court together with this ruling and order.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Osewe Obure (Deceased) (Miscellaneous Succession Cause 086 of 2024) [2024] KEHC 7756 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7756 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 086 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF OSEWE OBURE (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY MESHACK OYUCHO OPIYO [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E215 of 2024)
Ruling
1. The deceased Osewe Obure, according to the letter dated 2/2/2024, written by theAssistant Chief, Upper Kombewa Sub Location, Seme Sub County, was a resident of Upper Kombewa Sublocation, South Central Seme Location.
2. The estate property is Kisumu/Kombewa/1548, which is within the jurisdiction of Maseno SPM’s court.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E215 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E215 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.
5. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given 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 28TH DAY OF JUNE 2024. R. E. ABURILIJUDGE