[2024] KEHC 6480 (KLR)
The court determined that since the estate property Kisumu/Chiga/57 and all beneficiaries are located within the jurisdiction of Winam SPM's Court, and as confirmed by the Assistant Chief's letter, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E179 of 2024 to Winam SPM's Court...
Source-derived case information.
- Citation
- [2024] KEHC 6480 (KLR)
- Parties
- Applicant: David Otieno William Ongodo; Respondent: Estate of Tera Ongodo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 131 of 2024
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession cause transferred to Winam SPM's Court; original file to be transmitted; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
David Otieno William Ongodo
Applicant
Estate of Tera Ongodo (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the appropriate court with jurisdiction over the estate property.
- 2 Whether the beneficiaries and estate property fall within the jurisdiction of Winam SPM's Court.
Ratio Decidendi
The court determined that since the estate property Kisumu/Chiga/57 and all beneficiaries are located within the jurisdiction of Winam SPM's Court, and as confirmed by the Assistant Chief's letter, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E179 of 2024 to Winam SPM's Court for hearing and final determination. The transfer ensures that the matter is heard by the court with proper territorial jurisdiction, facilitating efficient administration of the estate and compliance with statutory requirements.
Court Disposition
Succession cause transferred to Winam SPM's Court; original file to be transmitted; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E179 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E179 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 Tera Ongodo (Deceased) (Succession Cause 131 of 2024) [2024] KEHC 6480 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6480 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 131 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF TERA ONGODO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY DAVID OTIENO WILLIAM ONGODO (APPLICANT)
Ruling
1. The deceased Tera Ongodo was, according to the Assistant Chief’s letter dated 24th November 2023, resident of Chiga Sub-location, Kolwa East Location in Kisumu East Sub-county.
2. The estate property is Kisumu/Chiga/57, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Assistant Chief, Chiga Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E179 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E179 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