[2024] KEHC 6018 (KLR)
The court determined that since the estate property, Kisumu/Wathorego/1882, is located within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the local Chief, it is appropriate and just for the Kisumu Chief Magistrate Succession Cause No. E052 of 2024 to be transferred to Winam SPM's Court...
Source-derived case information.
- Citation
- [2024] KEHC 6018 (KLR)
- Parties
- Applicant: Samuel Oricho Oriema (Deceased); Respondent: Chief, West Kajulu Location
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 174 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM's Court; original file to be transmitted; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Jurisdiction of Court, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Oricho Oriema (Deceased)
Applicant
Chief, West Kajulu Location
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E052 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 determined that since the estate property, Kisumu/Wathorego/1882, is located within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the local Chief, it is appropriate and just for the Kisumu Chief Magistrate Succession Cause No. E052 of 2024 to be transferred to Winam SPM's Court for hearing and final determination. This ensures that the matter is handled by the court with proper territorial jurisdiction, facilitating efficient administration of the estate and access to justice for all beneficiaries.
Court Disposition
Succession cause transferred to Winam SPM's Court; original file to be transmitted; file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E052 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E052 of 2024 to be transmitted to Winam SPM's court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Samuel Oricho Oriema (Deceased) (Miscellaneous Succession Cause 174 of 2024) [2024] KEHC 6018 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6018 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 174 of 2024
RE Aburili, J
May 29, 2024
Ruling
1. The deceased Samuel Oricho Oriema was, according to the Chief’s letter dated 17th November 2023, resident of Wathorego Sub-location in West Kajulu Location.
2. The estate property is Kisumu/Wathorego/1882 which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, West Kajulu Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E052 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E052 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 29TH DAY OF MAY, 2024R. E. ABURILIJUDGE