[2024] KEHC 7981 (KLR)
The court found that the estate property, Kisumu/Bar/2027, is within the jurisdiction of Maseno SPM's Court and that all beneficiaries are known to the local Assistant Chief. In the interests of justice and for the convenience of the parties, the court ordered the transfer of Kisumu Chief Magistrate Succession Cause...
Source-derived case information.
- Citation
- [2024] KEHC 7981 (KLR)
- Parties
- Applicant: Elisha Ochieng Were; Respondent: Estate of Peres Were Wuok (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 090 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Elisha Ochieng Were
Applicant
Estate of Peres Were Wuok (Deceased)
Respondent
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 Maseno SPM's Court for hearing and determination.
- 2 Whether the Maseno SPM's Court has jurisdiction over the estate property.
Ratio Decidendi
The court found that the estate property, Kisumu/Bar/2027, is within the jurisdiction of Maseno SPM's Court and that all beneficiaries are known to the local Assistant Chief. In the interests of justice and for the convenience of the parties, the court ordered the transfer of Kisumu Chief Magistrate Succession Cause No. E118 of 2024 to Maseno SPM's Court for hearing and final determination. The court further directed that the original file and this order be transmitted to Maseno SPM's Court, and that the parties be notified to move the court and prosecute the succession cause. The file before the High Court was accordingly closed.
Court Disposition
Succession cause transferred to Maseno SPM's Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E118 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E118 of 2024 to be transmitted to Maseno SPM's Court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Peres Were Wuok (Decesaed) (Miscellaneous Succession Cause 090 of 2024) [2024] KEHC 7981 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7981 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 090 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF PERES WERE WUOK (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ELISHA OCHIENG WERE [PETITIONER]
Ruling
1. The deceased Peres Were Wuok according to the Assistant Chief’s letter dated 7th February, 2024, was a resident of Bar ‘A’ Sub-location.
2. The estate property is Kisumu/Bar/2027, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, Bar ‘A’ Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E118 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E118 of 2024 to be transmitted to Maseno SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given and or through the area chief 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 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE