[2024] KEHC 10272 (KLR)
The court determined that the Maseno SPM's Court has the appropriate geographical jurisdiction to hear and determine the succession cause concerning the estate of Paul Odindo Odinga. Accordingly, the Kisumu Chief Magistrate's Succession Cause No. E238 of 2024 should be transferred to the Maseno SPM's Court for...
Source-derived case information.
- Citation
- [2024] KEHC 10272 (KLR)
- Parties
- Applicant: Rose Adhiambo Odindo; Respondent: Paul Odindo Odinga (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 194 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; High Court 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
Rose Adhiambo Odindo
Applicant
Paul Odindo Odinga (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. E238 of 2024 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether the Maseno Law Courts have geographical jurisdiction over the matter.
Ratio Decidendi
The court determined that the Maseno SPM's Court has the appropriate geographical jurisdiction to hear and determine the succession cause concerning the estate of Paul Odindo Odinga. Accordingly, the Kisumu Chief Magistrate's Succession Cause No. E238 of 2024 should be transferred to the Maseno SPM's Court for hearing and final determination. The court further directed that the original file and this order be transmitted to the Maseno SPM's Court, and that the parties be notified through the addresses provided in the original petition or via the area chief. The High Court at Kisumu then closed its file on the matter.
Court Disposition
Succession cause transferred to Maseno SPM's Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E238 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E238 of 2024 to be transmitted to Maseno SPM's Court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Paul Odindo Odinga (Deceased) (Miscellaneous Succession Cause 194 of 2024) [2024] KEHC 10272 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10272 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 194 of 2024
RE Aburili, J
August 19, 2024
IN THE MATTER OF THE ESTATE OF PAUL ODINDO ODINGA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ROSE ADHIAMBO ODINDO [PETITIONER] (From Original Kisumu Chief Magistrate’s Succession Cause No. E238 of 2024)
Ruling
1. The deceased Paul Odindo Odinga hailed from Kaila-Seme. The Petitioner Rosel Adhiambo Odindo filed the succession cause in Kisumu Chief Magistrate’s Court. The file was placed before this court for transfer to Maseno Law Courts which has geographical jurisdiction to hear and conclude the matter.
2. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E238 of 2024 to Maseno SPM’s Court for hearing and final determination.
3. The original Kisumu CM Succession No. E238 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 parties using the addresses given in the Succession Cause as per the original petition and or through the area chief to move the court and prosecute the succession cause.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF AUGUST, 2024R. E. ABURILIJUDGE