[2024] KEHC 6493 (KLR)
The court found that the estate property, Kisumu/Buoye/4384, is within the jurisdiction of Winam SPM's Court and that all beneficiaries are known to the Chief of East Kolwa Location. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E048 of 2024 to...
Source-derived case information.
- Citation
- [2024] KEHC 6493 (KLR)
- Parties
- MISSING: Paul Ochola Nyawade (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 153 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM's Court; original file and order to be transmitted; 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
Paul Ochola Nyawade (Deceased)
MISSING
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E048 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 found that the estate property, Kisumu/Buoye/4384, is within the jurisdiction of Winam SPM's Court and that all beneficiaries are known to the Chief of East Kolwa Location. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E048 of 2024 to Winam SPM's Court for hearing and final determination. The original file and this order are to be transmitted to the receiving court, which is to notify the parties to proceed with the prosecution of the succession cause.
Court Disposition
Succession cause transferred to Winam SPM's Court; original file and order to be transmitted; file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E048 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E048 of 2024 to be transmitted to Winam SPM's court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Paul Ochola Nyawade (Deceased) (Miscellaneous Succession Cause 153 of 2024) [2024] KEHC 6493 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6493 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 153 of 2024
RE Aburili, J
June 3, 2024
Ruling
1. The deceased Paul Ochola Nyawade was, according to the Chief’s letter dated 28th December, 2023, resident of Buoye Sub-location, East Kolwa Location.
2. The estate property is Kisumu/Buoye/4384, which is 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. E048 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E048 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