[2024] KEHC 6466 (KLR)
The court found that the estate property, Kisumu/Nyalunya/2425, is located within the jurisdiction of Winam SPM’s Court. Since all beneficiaries are known to the Chief of Central Kolwa Location and there is no indication of any dispute regarding jurisdiction, it is appropriate and in the interests of justice to...
Source-derived case information.
- Citation
- [2024] KEHC 6466 (KLR)
- Parties
- Applicant: Charles Juma Ongany
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 139 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred to Winam SPM’s Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Juma Ongany
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E172 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, Kisumu/Nyalunya/2425, is located within the jurisdiction of Winam SPM’s Court. Since all beneficiaries are known to the Chief of Central Kolwa Location and there is no indication of any dispute regarding jurisdiction, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E172 of 2024 to Winam SPM’s Court for hearing and final determination. The original file and this order are to be transmitted to the receiving court, which will notify the parties to proceed with the prosecution of the succession cause. The High Court file is closed accordingly.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Winam SPM’s Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E172 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E172 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 Thomas Ongany Tako alias Thomas Ong’any (Deceased) (Miscellaneous Succession Cause 139 of 2024) [2024] KEHC 6466 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6466 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 139 of 2024
RE Aburili, J
June 3, 2024
In The Matter Of The Estate Of Thomas Ongany Tako Alias Thomas Ong’any (Deceased) And In The Matter Of An Application By Charles Juma Ongany (Applicant
Ruling
1. The deceased Thomas Ongany Tako alias Thomas Ong’any was, according to the Chief’s letter dated 29th November, 2022, resident of Nyalunya Sub-location, Central Kolwa Location, Kolwa Division in Kisumu East Sub-county.
2. The estate property is Kisumu/Nyalunya/2425, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, Central Kolwa Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E172 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E172 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