[2024] KEHC 5588 (KLR)
The court found that since the deceased, the estate properties, and the beneficiaries are all located in Kakamega County, the Kisumu Chief Magistrate’s Court lacks the proper geographical jurisdiction to hear the succession cause. Accordingly, the matter should be transferred to the Kakamega Chief Magistrate’s...
Source-derived case information.
- Citation
- [2024] KEHC 5588 (KLR)
- Parties
- Applicant: Silvester Agina alias Silvester Agina Omilo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 182 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of succession cause allowed.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction Transfer, Succession Proceedings, Venue of Succession, Probate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silvester Agina alias Silvester Agina Omilo (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has geographical jurisdiction over the estate of the deceased.
- 2 Whether the succession cause should be transferred to the Kakamega Chief Magistrate's Court.
Ratio Decidendi
The court found that since the deceased, the estate properties, and the beneficiaries are all located in Kakamega County, the Kisumu Chief Magistrate’s Court lacks the proper geographical jurisdiction to hear the succession cause. Accordingly, the matter should be transferred to the Kakamega Chief Magistrate’s Court, which is the appropriate forum for further hearing and determination of the succession proceedings.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. 517 of 2019 is transferred to Kakamega Chief Magistrate’s Court for further hearing and determination.
- The Chief Magistrate Court, Kakamega shall notify the parties once the original file and this order are received.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Silvester Agina alias Silvester Agina Omilo (Deceased) (Miscellaneous Succession Cause 182 of 2024) [2024] KEHC 5588 (KLR) (17 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5588 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 182 of 2024
RE Aburili, J
May 17, 2024
Ruling
1. The deceased Silvester Agina Omolo was resident of Kakamega County and the estate properties are Kisa/Doho. The beneficiaries too are residents of Kakamega County. The petitioner filed for succession in Kisumu Chief Magistrate’s Court which has submitted the file to this court for transfer on account of geographical jurisdiction.
2. I hereby transfer Kisumu Chief Magistrate Succession Cause No. 517 of 2019 to Kakamega Chief Magistrate’s Court for further hearing and determination.
3. The Chief Magistrate Court, Kakamega shall notify the parties once the original file and this order are received.
4. This file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF MAY, 2024R. E. ABURILIJUDGE