[2024] KEHC 7764 (KLR)
The court found that the estate property, Kisumu/Kapuonja/1587, and all beneficiaries are located within the jurisdiction of Maseno SPM’s Court. The Chief’s letter confirmed the residence of the deceased and beneficiaries in Kapuonja. Therefore, it is appropriate and just to transfer Kisumu Chief Magistrate...
Source-derived case information.
- Citation
- [2024] KEHC 7764 (KLR)
- Parties
- MISSING: Samwel Ngoro Jakongo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 075 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling
- Outcome
- Succession cause transferred to Maseno SPM’s Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Succession Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Ngoro Jakongo (Deceased)
MISSING
Procedural Posture
Miscellaneous Succession Cause / Ruling
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E444 of 2023 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the Maseno SPM’s Court has jurisdiction over the estate property Kisumu/Kapuonja/1587.
Ratio Decidendi
The court found that the estate property, Kisumu/Kapuonja/1587, and all beneficiaries are located within the jurisdiction of Maseno SPM’s Court. The Chief’s letter confirmed the residence of the deceased and beneficiaries in Kapuonja. Therefore, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E444 of 2023 to Maseno SPM’s Court for hearing and final determination. The court ordered the transmission of the original file and directed the Maseno SPM’s Court to notify the parties and proceed with the succession cause. The file before the High Court was closed accordingly.
Court Disposition
Succession cause transferred to Maseno SPM’s Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E444 of 2023 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E444 of 2023 to be transmitted to Maseno SPM’s court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Samwel Ngoro Jakongo (Deceased) (Miscellaneous Succession Cause 075 of 2024) [2024] KEHC 7764 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7764 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 075 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Samwel Ngoro Jagongo, according to the Chief’s letter dated 27th July, 2023, was a resident of Kapuonja Location, North Kapuonja Sub Location, Kisumu West Sub County.
2. The estate property is Kisumu/Kapuonja/1587, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, Kapuonja Location and are residents of Kapuonja.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E444 of 2023 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E444 of 2023 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