[2024] KEHC 6447 (KLR)
The court found that the estate property, Kisumu/Chiga/1619, is within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the Assistant Chief of Chiga Sub-location. Therefore, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E641 of...
Source-derived case information.
- Citation
- [2024] KEHC 6447 (KLR)
- Parties
- Applicant: Alfred Obura Oging’; Respondent: Estate of Petro Oging’ Obura (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 155 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred to Winam SPM’s Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Obura Oging’
Applicant
Estate of Petro Oging’ Obura (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E641 of 2023 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/Chiga/1619, is within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the Assistant Chief of Chiga Sub-location. Therefore, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E641 of 2023 to Winam SPM’s Court for hearing and final determination. The transfer ensures that the matter is heard in the proper forum, facilitating efficient administration of the estate and convenience for the parties and beneficiaries.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Winam SPM’s Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E641 of 2023 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E641 of 2023 to be transmitted to Winam SPM’s court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Petro Oging’ Obura (Deceased) (Miscellaneous Succession Cause 155 of 2024) [2024] KEHC 6447 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6447 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 155 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF PETRO OGING’ OBURA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ALFRED OBURA OGING’ (APPLICANT)
Ruling
1. The deceased Petro Oging’ Obura was, according to the Assistant Chief’s letter dated 29th May, 2023, resident of Chiga Sub-location, Kolwa East Location, Kolwa Division in Kisumu East Sub-county.
2. The estate property is Kisumu/Chiga/1619, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Chiga Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E641 of 2023 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E641 of 2023 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