[2023] KEHC 22635 (KLR)
The court determined that since the deceased resided and was buried in Siaya County, and the parties also reside closer to Siaya than Kisumu, it is just and convenient to transfer the Succession Cause to the Siaya High Court. The establishment of the High Court in Siaya County after the initial filing further...
Source-derived case information.
- Citation
- [2023] KEHC 22635 (KLR)
- Parties
- Applicant: Emily Shitandi Murono; Respondent: Maurice Anganya Murono; Respondent: Christopher Owino Murono; Respondent: Mumias Sugar Co Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 503 of 2013
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- File ordered transferred to Siaya High Court for further consideration and determination.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emily Shitandi Murono
Applicant
Maurice Anganya Murono
Respondent
Christopher Owino Murono
Respondent
Mumias Sugar Co Ltd
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Succession Cause should be transferred from Kisumu High Court to Siaya High Court for further determination.
- 2 Whether the proximity of parties and the location of the deceased's estate justify the transfer of the file.
Ratio Decidendi
The court determined that since the deceased resided and was buried in Siaya County, and the parties also reside closer to Siaya than Kisumu, it is just and convenient to transfer the Succession Cause to the Siaya High Court. The establishment of the High Court in Siaya County after the initial filing further supports the transfer, as it will facilitate easier access for the parties and expedite the resolution of the dispute over the estate's distribution.
Court Disposition
File ordered transferred to Siaya High Court for further consideration and determination.
Orders
- The file in Succession Cause 503 of 2013 is transferred from Kisumu High Court to Siaya High Court forthwith.
- The ruling is to be typed and the file transmitted to Siaya High Court immediately.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Paul Murono Mola (Deceased) (Succession Cause 503 of 2013) [2023] KEHC 22635 (KLR) (25 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22635 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 503 of 2013
RE Aburili, J
September 25, 2023
IN THE MATTER OF THE ESTATE OF PAUL MURONO MOLA (DECEASED)
Between
Emily Shitandi Murono
Petitioner
and
Maurice Anganya Murono
1st Objector
Christopher Owino Murono
2nd Objector
and
Mumias Sugar Co Ltd
Interested Party
Ruling
1. This matter was filed in 2013 and to date, parties are still wrangling over distribution of the estate. The deceased Paul Murono Mola resided and was buried in Siaya County, Ugunja Sub-county and this is evidenced by the letter dated June 16, 2022 by the Chief, North Uholo Location.
2. The case was filed in this court before the High Court was established in Siaya County in 2015. As the dispute has not been resolved and parties live nearer Siaya High Court than Kisumu High Court which is far off, I hereby order that this file shall forthwith be transferred to Siaya High Court for further consideration and determination.
3. This Ruling to be typed forthwith and the file transmitted to Siaya High Court forthwith.
4. Parties to be notified to attend Siaya High Court for mention for directions on October 9, 2023.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF SEPTEMBER, 2023R. E. ABURILIJUDGE