[2024] KEHC 10264 (KLR)
The court found that since the deceased was a resident of Bar B Sublocation, North Kisumu Location, Nyahera Division, which falls within the geographical jurisdiction of Maseno SPM’s Court, it was appropriate to transfer the succession cause from Kisumu Chief Magistrate’s Court to Maseno SPM’s Court for hearing and...
Source-derived case information.
- Citation
- [2024] KEHC 10264 (KLR)
- Parties
- Applicant: William Abongo Okal
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 202 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred and High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Cause, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
William Abongo Okal
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Succession Cause No. E297 of 2024 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the petitioner should be notified to prosecute the succession cause in the transferee court.
Ratio Decidendi
The court found that since the deceased was a resident of Bar B Sublocation, North Kisumu Location, Nyahera Division, which falls within the geographical jurisdiction of Maseno SPM’s Court, it was appropriate to transfer the succession cause from Kisumu Chief Magistrate’s Court to Maseno SPM’s Court for hearing and final determination. The court further directed that the original file and order be transmitted to the transferee court and that the petitioner be notified to prosecute the cause as the sole beneficiary. The file before the High Court was ordered closed.
Court Disposition
Application for transfer of succession cause allowed; file transferred and High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E297 of 2024 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E297 of 2024 to be transmitted to Maseno SPM’s Court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Osimbo Abongo (Deceased) (Miscellaneous Succession Cause 202 of 2024) [2024] KEHC 10264 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10264 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 202 of 2024
RE Aburili, J
August 19, 2024
IN THE MATTER OF THE ESTATE OF OSIMBO ABONGO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WILLIAM ABONGO OKAL [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E297 of 2024)
Ruling
1. The deceased Osimbo Abongo, was a resident of Bar B Sublocation, North Kisumu Location, Nyahera Division in Kisumu West Sub cournty which is within the geographical jurisdiction of Maseno SPM’s Court.
2. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E297 of 2024 to Maseno SPM’s Court for hearing and final determination.
3. The original Kisumu CM Succession No. E297 of 2024 to be transmitted to Maseno SPM’s court together with this order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the petitioner using the addresses given and or through the area Chief to move the court and prosecute the succession cause wherein the petitioner is named as the sole beneficiary of the estate.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF AUGUST, 2024R. E. ABURILIJUDGE