[2024] KEHC 6489 (KLR)
The court found that the estate property, Kisumu/Buoye/2716 and Kisumu/Buoye/3484, is located within the jurisdiction of Winam SPM's Court as confirmed by the Chief's letter. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E147 of 2024 to Winam...
Source-derived case information.
- Citation
- [2024] KEHC 6489 (KLR)
- Parties
- Applicant: Charles Ayieko Abuodha; Applicant: Maurice Onyango Abuodha
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 144 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam 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
Charles Ayieko Abuodha
Applicant
Maurice Onyango Abuodha
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the succession cause should be transferred from Kisumu Chief Magistrate's Court 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 the estate property, Kisumu/Buoye/2716 and Kisumu/Buoye/3484, is located within the jurisdiction of Winam SPM's Court as confirmed by the Chief's letter. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E147 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 statutory requirements.
Court Disposition
Succession cause transferred to Winam SPM's Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E147 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E147 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 Patrick Abuodha Nyako alias Patris Abwodha Nyako alias Patrick Abwodha Nyako (Deceased) (Miscellaneous Succession Cause 144 of 2024) [2024] KEHC 6489 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6489 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 144 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF PATRICK ABUODHA NYAKO alias PATRIS ABWODHA NYAKO alias PATRICK ABWODHA NYAKO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY CHARLES AYIEKO ABUODHA and MAURICE ONYANGO ABUODHA (APPLICANTS)
Ruling
1. The deceased Patrick Abuodha Nyako alias Patris Abwodha Nyako alias Patrick Abwodha Nyako was, according to the Chief’s letter dated 18th January, 2024, resident of Mayenya Sub-location, East Kolwa Location.
2. The estate property is Kisumu/Buoye/2716 and Kisumu/Buoye/3484, which are within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, East Kolwa Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E147 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E147 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 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE