[2024] KEHC 70 (KLR)
The court determined that since all parties and the estate of the deceased are domiciled in Siaya County, it is just and proper for the matter to be heard and determined by the Siaya High Court. The original file and the current file are to be transferred accordingly, and the files at Kisumu are closed. This ensures...
Source-derived case information.
- Citation
- [2024] KEHC 70 (KLR)
- Parties
- Applicant: Margaret Wadhala; Respondent: Dalamea Wamboga; Interested Party: Peter Owino Anino
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E003 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of File
- Outcome
- Application for transfer granted; files closed at Kisumu and transferred to Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Wadhala
Applicant
Dalamea Wamboga
Respondent
Peter Owino Anino
Interested Party
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of File
Legal Issues
- 1 Whether the succession cause should be transferred to the Siaya High Court for hearing and final determination.
- 2 Whether the closure of the files at Kisumu is appropriate given the domicile of the parties and estate.
Ratio Decidendi
The court determined that since all parties and the estate of the deceased are domiciled in Siaya County, it is just and proper for the matter to be heard and determined by the Siaya High Court. The original file and the current file are to be transferred accordingly, and the files at Kisumu are closed. This ensures that the matter is dealt with in the appropriate jurisdiction, in line with statutory requirements and the interests of justice.
Court Disposition
Application for transfer granted; files closed at Kisumu and transferred to Siaya High Court.
Orders
- The file and original HC Succession Cause No. 111 of 1999 are transferred to Siaya High Court for hearing and final determination.
- The two files at Kisumu are now closed.
Full Case Text
Judgment text and source record
26 paragraphs
In re Estate of Silvanus Wambogo Wamboga (Deceased) (Miscellaneous Succession Cause E003 of 2024) [2024] KEHC 70 (KLR) (15 January 2024) (Ruling)
Neutral citation: [2024] KEHC 70 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E003 of 2024
RE Aburili, J
January 15, 2024
Between
Margaret Wadhala
Applicant
and
Dalamea Wamboga
Respondent
and
Peter Owino Anino
Interested Party
Ruling
1. This is a 1999 Succession Cause which was determined vide Ruling of June 20, 2001 and certificate of confirmation of grant issued on June 21, 2001.
2. The Ruling of June 20, 2001 also allowed the applicant leave to appeal. No appeal was filed.
3. From the documents annexed to the application, the applicant attempted to file a citation at Siaya Chief Magistrate’s Court vide Siaya Chief Magistrate Succession Cause No. E379 of 2021 which was dismissed as shown by the attached Ruling which is dated December 16, 2023.
4. The parties and estate of the deceased Silvanus Wambogo Wamboga are domiciled in Siaya County.
5. I hereby direct that this file and the original HC Succession Cause No. 111 of 1999 be transferred to Siaya High Court for hearing and final determination.
6. From this end, the two files are now closed.
7. Ruling to be typed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF JANUARY, 2024R. E. ABURILIJUDGE