[2024] KEHC 7921 (KLR)
The court determined that since the estate properties are located within the jurisdiction of Maseno SPM’s Court and all beneficiaries are residents of Kisumu West Location, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E183 of 2024 to Maseno SPM’s Court...
Source-derived case information.
- Citation
- [2024] KEHC 7921 (KLR)
- Parties
- Applicant: Wilson Repudo Ogada
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 107 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred to Maseno SPM’s Court.
- 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
Wilson Repudo Ogada
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E183 of 2024 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the estate properties fall within the jurisdiction of Maseno SPM’s Court.
Ratio Decidendi
The court determined that since the estate properties are located within the jurisdiction of Maseno SPM’s Court and all beneficiaries are residents of Kisumu West Location, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E183 of 2024 to Maseno SPM’s Court for hearing and final determination. The transfer will facilitate proper administration of the estate and ensure that all interested parties can conveniently participate in the proceedings.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Maseno SPM’s Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E183 of 2024 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original file and this order to be transmitted to Maseno SPM’s Court.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Reuben Ogada Okore alias Ogada Okore alias Ogada Alaro alias Okore Ogada (Deceased) (Miscellaneous Succession Cause 107 of 2024) [2024] KEHC 7921 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7921 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 107 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF REUBEN OGADA OKORE alias OGADA OKORE alias OGADA ALARO alias OKORE OGADA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WILSON REPUDO OGADA [PETITIONER]
(From Original Kisumu Chief Magistrate’s Succession Cause No. E183 of 2024)
Ruling
1. The deceased Reuben Ogada Okore alias Ogada Okore alias Ogada Alaro alias Okore Ogada, according to the Chief’s letter dated 12th January, 2024, was a resident of Upper Kadongo Sub-location, Kisumu West Location
2. The estate properties are Kisumu/Kadongo/3856, 3854 and 4023, which are within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, Kisumu West Location and are residents of Kisumu West Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E183 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E183 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