[2024] KEHC 7769 (KLR)
The court found that both the deceased's domicile and the estate property are within the jurisdiction of Maseno Law Courts, as evidenced by the Chief's letter and the property search certificate. Therefore, it is proper and just for the Kisumu Chief Magistrate's Succession Cause No. E180 of 2024 to be transferred to...
Source-derived case information.
- Citation
- [2024] KEHC 7769 (KLR)
- Parties
- Applicant: Pamela Akinyi Mbero; Respondent: Salina Akomo Akongó (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 104 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; matter transferred to Maseno SPM's Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamela Akinyi Mbero
Applicant
Salina Akomo Akongó (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Succession Cause No. E180 of 2024 should be transferred to the Maseno SPM's Court based on the deceased's domicile and location of estate property.
- 2 Whether the High Court has jurisdiction to order such transfer in the interests of proper administration of the estate.
Ratio Decidendi
The court found that both the deceased's domicile and the estate property are within the jurisdiction of Maseno Law Courts, as evidenced by the Chief's letter and the property search certificate. Therefore, it is proper and just for the Kisumu Chief Magistrate's Succession Cause No. E180 of 2024 to be transferred to the Maseno SPM's Court, which has the appropriate territorial jurisdiction. The High Court exercised its supervisory powers to ensure that the succession cause is prosecuted in the correct forum, thereby promoting efficient administration of the estate and compliance with the law.
Court Disposition
Application for transfer of succession cause allowed; matter transferred to Maseno SPM's Court.
Orders
- Kisumu CM Succession Cause No. E180 of 2024 is transferred to Maseno SPM's Court.
- The original file and this ruling/order to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Salina Akomo Akongó (Deceased) (Miscellaneous Succession Cause 104 of 2024) [2024] KEHC 7769 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7769 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 104 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF SALINA AKOMO AKONGÓ DECEASED) AND IN THE MATTER OF AN APPLICATION BY PAMELA AKINYI MBERO [PETITIONER] (From Original Kisumu Chief Magistrate’s Succession Cause No. E180 of 2024
Ruling
1. The deceased Salina Akomo Akongó, according to the documents filed, including letter dated 28/10/2023 by the Chief, Kapuonja Location, was a resident of that Location, which is within the jurisdiction of Maseno law Courts. Similarly, the estate property listed as per the search certificate annexed to the petition for grant which is Kisumu/Kapuonja/1181 is within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E180 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E180 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given to move the court and prosecute the succession cause and to file into court all the necessary consents before any grant can issue.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE