[2024] KEHC 10265 (KLR)
The court determined that since the deceased was a resident of Bar B Sublocation, North Kisumu Location, Kisumu West Subcounty, the proper court with territorial jurisdiction is the Maseno SPM’s Court. Accordingly, the High Court exercised its administrative and supervisory powers to transfer Kisumu Chief Magistrate...
Source-derived case information.
- Citation
- [2024] KEHC 10265 (KLR)
- Parties
- Applicant: Richard Aloo Obang’a (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 203 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; file at High Court 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
Richard Aloo Obang’a (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E302 of 2024 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the proper court for hearing the succession cause is within the geographical jurisdiction of the deceased's residence.
Ratio Decidendi
The court determined that since the deceased was a resident of Bar B Sublocation, North Kisumu Location, Kisumu West Subcounty, the proper court with territorial jurisdiction is the Maseno SPM’s Court. Accordingly, the High Court exercised its administrative and supervisory powers to transfer Kisumu Chief Magistrate Succession Cause No. E302 of 2024 to Maseno SPM’s Court for hearing and final determination, ensuring that the succession process is conducted in the correct forum and that all beneficiaries are involved.
Court Disposition
Succession cause transferred to Maseno SPM’s Court; original file to be transmitted; file at High Court closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E302 of 2024 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E302 of 2024 to be transmitted to Maseno SPM’s court together with this order.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Richard Aloo Obang’a (Deceased) (Miscellaneous Succession Cause 203 of 2024) [2024] KEHC 10265 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10265 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 203 of 2024
RE Aburili, J
August 19, 2024
Ruling
1. The deceased Richard Aloo Obangá, was a resident of Bar B Sublocation, North Kisumu Location, Kisumu West Subcounty which is within the geographical jurisdiction of Maseno SPM’s Court.
2. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E302 of 2024 to Maseno SPM’s Court for hearing and final determination.
3. The original Kisumu CM Succession No. E302 of 2024 to be transmitted to Maseno SPM’s court together with this order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the petitioner using the addresses given and or through the area Chief to move the court and prosecute the succession cause and to ensure that all the beneficiaries, of the deceased are involved in the succession process.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF AUGUST, 2024R. E. ABURILIJUDGE