[2024] KEHC 5587 (KLR)
The court found that the deceased, Penina Atieno Onyango, was resident in Siaya at the time of her death, as evidenced by the Chief's letter. Although some assets are located in Kisumu and Busia, the proper forum for the succession cause is the court within the deceased's place of residence. Therefore, the Kisumu...
Source-derived case information.
- Citation
- [2024] KEHC 5587 (KLR)
- Parties
- Applicant: Penina Atieno Onyango (Deceased); Respondent: Beneficiaries of the estate of Penina Atieno Onyango
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 184 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause for Want of Jurisdiction
- Outcome
- Succession cause transferred to Siaya Chief Magistrate's Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Penina Atieno Onyango (Deceased)
Applicant
Beneficiaries of the estate of Penina Atieno Onyango
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause for Want of Jurisdiction
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has jurisdiction to hear the succession cause for the estate of Penina Atieno Onyango.
- 2 Whether the succession cause should be transferred to the Siaya Chief Magistrate's Court.
Ratio Decidendi
The court found that the deceased, Penina Atieno Onyango, was resident in Siaya at the time of her death, as evidenced by the Chief's letter. Although some assets are located in Kisumu and Busia, the proper forum for the succession cause is the court within the deceased's place of residence. Therefore, the Kisumu Chief Magistrate's Court lacked jurisdiction, and the matter should be heard in Siaya. The High Court exercised its power to transfer the file to the Siaya Chief Magistrate's Court, ensuring that the matter is determined by the court of competent jurisdiction.
Court Disposition
Succession cause transferred to Siaya Chief Magistrate's Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E48 of 2020 is transferred to Siaya Chief Magistrate’s Court.
- The original file and this order to be transmitted to Siaya Chief Magistrate’s Court.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Penina Atieno Onyango (Deceased) (Miscellaneous Succession Cause 184 of 2024) [2024] KEHC 5587 (KLR) (17 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5587 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 184 of 2024
RE Aburili, J
May 17, 2024
Ruling
1. From the Chief’s letter dated 12th June 2020 written by Romlus Okoth Ongo, the Chief for Siaya Township Location, it is clear that the deceased Penina Atieno Onyango was resident of Siaya, Kaluande village, Karapul Sub-location within Siaya Township.
2. The beneficiaries of the estate of the deceased are well known to the said Chief. Although some of the deceased’s fixed assets are within Kisumu and others in Busia County.
3. The Succession Cause ought to have been filed at Siaya Chief Magistrate’s Court. The lower court at Kisumu has submitted the file to this court for transfer to the relevant court of competent jurisdiction.
4. Accordingly, I hereby transfer Kisumu Chief Magistrate Succession Cause No. E48 of 2020 from Kisumu Chief Magistrate’s court to Siaya Chief Magistrate’s Court.
5. The original file plus this order to be transmitted to Siaya Chief Magistrate’s court who, upon receipt of the same, shall notify the parties who are also represented by counsel, to move the court for appropriate orders.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF MAY, 2024R. E. ABURILIJUDGE