[2024] KEHC 5428 (KLR)
The court determined that since the only property of the deceased's estate, Tiriki/Senede/034, is located outside the geographical jurisdiction of the Kisumu High Court, it lacks the requisite territorial jurisdiction to hear and determine the matter. Consequently, the matter must be transferred to the High Court at...
Source-derived case information.
- Citation
- [2024] KEHC 5428 (KLR)
- Parties
- Applicant: Batson Mudashi Adingo; Respondent: Dorcas Keya
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 12 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Matter transferred to Vihiga High Court for hearing and determination.
- Judges
- MS Shariff
- Legal Topics
- Succession, Revocation of Grant, Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Batson Mudashi Adingo
Applicant
Dorcas Keya
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear and determine matters relating to property situated outside its geographical area.
- 2 Whether the matter should be transferred to the appropriate court with territorial jurisdiction.
Ratio Decidendi
The court determined that since the only property of the deceased's estate, Tiriki/Senede/034, is located outside the geographical jurisdiction of the Kisumu High Court, it lacks the requisite territorial jurisdiction to hear and determine the matter. Consequently, the matter must be transferred to the High Court at Vihiga, which has jurisdiction over the location of the property. This ensures that the proceedings are conducted before a court competent to adjudicate on the estate in question.
Court Disposition
Matter transferred to Vihiga High Court for hearing and determination.
Orders
- This matter is transferred for hearing and determination at Vihiga High Court.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Rabeca Lumbaragani alias Rebecca Kumalakani (Deceased) (Succession Cause 12 of 2022) [2024] KEHC 5428 (KLR) (21 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5428 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 12 of 2022
MS Shariff, J
May 21, 2024
IN THE MATTER OF THE ESTATE OF RABECA LUMBARAGANI ALIAS REBECCA KUMALAKANI (DECEASED
Between
Batson Mudashi Adingo
Petitioner
and
Dorcas Keya
Objector
Ruling
1. Whereas this court confirmed the grant herein on 7th March, 2023, a summons for revocation of grant dated 19th May 2024 and a chamber summons of even date have been filed by one Dorcas Keya. Given that the suit property Tiriki/Senede/034 which is the only property of the estate of the deceased is situated outside the geographical jurisdiction of this court, I do hereby transfer this matter for hearing and determination at Vihiga High Court.
M. S. SHARIFFJUDGE21. 5.24