[2024] KEHC 6457 (KLR)
The court found that the estate property, East Kisumu/Dago/452, is situated within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the Assistant Chief of Dago Sub-location. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause...
Source-derived case information.
- Citation
- [2024] KEHC 6457 (KLR)
- Parties
- Applicant: Maurice Aboge Simeo Juma; Respondent: Estate of Simeo Aboge Aboge (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 130 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Winam SPM’s Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Transfer of Cause, Jurisdiction, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Aboge Simeo Juma
Applicant
Estate of Simeo Aboge Aboge (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E226 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 found that the estate property, East Kisumu/Dago/452, is situated within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the Assistant Chief of Dago Sub-location. Therefore, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E226 of 2024 to Winam SPM’s Court for hearing and final determination. The transfer ensures that the matter is heard in the court with proper territorial jurisdiction, facilitating efficient administration of the estate and access for all beneficiaries.
Court Disposition
Succession cause transferred to Winam SPM’s Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E226 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E226 of 2024 to be transmitted to Winam SPM’s court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Simeo Aboge Aboge (Deceased) (Miscellaneous Succession Cause 130 of 2024) [2024] KEHC 6457 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6457 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 130 of 2024
RE Aburili, J
June 3, 2024
(In The Matter Of The Estate Of Simeo Aboge Aboge (Deceased) And In The Matter Of An Application By Maurice Aboge Simeo Juma (Applicant))
Ruling
1. The deceased Simeo Aboge Aboge was, according to the Assistant Chief’s letter dated 16th March 2023, resident of Dago Sub-location East Kisumu Location.
2. The estate property is East Kisumu/Dago/452, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Dago Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E226 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E226 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 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE