[2024] KEHC 6467 (KLR)
The court found that the estate property, Kisumu/Koker Kajulu/2418, is within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the Chief of East Seme Location. Accordingly, the proper forum for hearing and determining the succession cause is the Winam SPM’s Court. The court therefore...
Source-derived case information.
- Citation
- [2024] KEHC 6467 (KLR)
- Parties
- Applicant: Martin Odero Ayieko; Respondent: Estate of Pitalis Onguko Ochanda (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 136 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Succession Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Odero Ayieko
Applicant
Estate of Pitalis Onguko Ochanda (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E191 of 2024 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/Koker Kajulu/2418, is within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the Chief of East Seme Location. Accordingly, the proper forum for hearing and determining the succession cause is the Winam SPM’s Court. The court therefore ordered the transfer of Kisumu Chief Magistrate Succession Cause No. E191 of 2024 to Winam SPM’s Court for hearing and final determination, and directed that the original file and this order be transmitted to the receiving court.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E191 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E191 of 2024 file 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 Pitalis Onguko Ochanda (Deceased) (Miscellaneous Succession Cause 136 of 2024) [2024] KEHC 6467 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6467 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 136 of 2024
RE Aburili, J
June 3, 2024
In The Matter Of The Estate Of Pitalis Onguko Ochanda (Deceased) And In The Matter Of An Application By Martin Odero Ayieko (Applicant)
Ruling
1. The deceased Pitalis Onguko Ochanda was, according to the Chief’s letter dated 31st July, 2023, resident of Kajulu Koker Sub-location, East Seme Location.
2. The estate property is Kisumu/Koker Kajulu/2418, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, East Seme Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E191 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E191 of 2024 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