[2024] KEHC 7922 (KLR)
The court found that the estate property, Kisumu/Othany/2283, is situated within the jurisdiction of Maseno SPM's Court and that all beneficiaries are residents of East Othany Sub-location in Seme Sub County. Accordingly, the Kisumu Chief Magistrate's Succession Cause No. E193 of 2024 should be transferred to Maseno...
Source-derived case information.
- Citation
- [2024] KEHC 7922 (KLR)
- Parties
- Applicant: Charles Omondi Asoro; Respondent: Estate of Peter Asoro Nyasio (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 110 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; original file to be transmitted; 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
Charles Omondi Asoro
Applicant
Estate of Peter Asoro Nyasio (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. E193 of 2024 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether the Maseno SPM's Court has proper jurisdiction over the estate property.
Ratio Decidendi
The court found that the estate property, Kisumu/Othany/2283, is situated within the jurisdiction of Maseno SPM's Court and that all beneficiaries are residents of East Othany Sub-location in Seme Sub County. Accordingly, the Kisumu Chief Magistrate's Succession Cause No. E193 of 2024 should be transferred to Maseno SPM's Court for hearing and final determination. The transfer ensures that the matter is heard in the court with proper territorial jurisdiction, in accordance with the Law of Succession Act and the interests of justice. The High Court exercised its supervisory powers to facilitate the efficient and proper administration of the estate.
Court Disposition
Succession cause transferred to Maseno SPM's Court; original file to be transmitted; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E193 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E193 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 Peter Asoro Nyasio (Deceased) (Miscellaneous Succession Cause 110 of 2024) [2024] KEHC 7922 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7922 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 110 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF PETER ASORO NYASIO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY CHARLES OMONDI ASORO [PETITIONER] (From Original Kisumu Chief Magistrate’s Succession Cause No. E193 of 2024)
Ruling
1. The deceased Peter Asoro Nyasio, according to the Assistant Chief’s letter dated 7th April, 2024, was a resident of East Othany Sub-location, South Central Seme Location, within Kisumu County.
2. The estate property is Kisumu/Othany/2283, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, East Othany Sub-location and are residents of East Othany Sub-location in Seme Sub County.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E193 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E193 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 28THDAY OF JUNE 2024R. E. ABURILIJUDGE