[2024] KEHC 10271 (KLR)
The court found that it was appropriate to transfer Kisumu Chief Magistrate Succession Cause No. E249 of 2024 to Maseno SPM's Court for hearing and final determination. The transfer was ordered to ensure that the matter is heard in the proper forum and that all beneficiaries are involved in the succession process....
Source-derived case information.
- Citation
- [2024] KEHC 10271 (KLR)
- Parties
- Deceased: Timothy Ayieko Olang
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 200 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Cause, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Ayieko Olang
Deceased
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E249 of 2024 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether all beneficiaries of the deceased are to be involved in the succession process.
Ratio Decidendi
The court found that it was appropriate to transfer Kisumu Chief Magistrate Succession Cause No. E249 of 2024 to Maseno SPM's Court for hearing and final determination. The transfer was ordered to ensure that the matter is heard in the proper forum and that all beneficiaries are involved in the succession process. The court further directed that the original file and this order be transmitted to Maseno SPM's Court, and that the petitioner be notified to move the court and prosecute the succession cause with the involvement of all beneficiaries. The file before the High Court was ordered closed.
Court Disposition
Succession cause transferred to Maseno SPM's Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E249 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E249 of 2024 to be transmitted to Maseno SPM's court together with this order.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Timothy Ayieko Olang (Deceased) (Miscellaneous Succession Cause 200 of 2024) [2024] KEHC 10271 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10271 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 200 of 2024
RE Aburili, J
August 19, 2024
Ruling
1. The deceased Timothy Ayieko Olang, was a resident of Nyahera, according to the annexed death certificate.
2. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E249 of 2024 to Maseno SPM’s Court for hearing and final determination.
3. The original Kisumu CM Succession No. E249 of 2024 to be transmitted to Maseno SPM’s court together with this order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the petitioner using the addresses given and or through the area Chief to move the court and prosecute the succession cause and to ensure that all the beneficiaries, of the deceased are involved in the succession process
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF AUGUST, 2024R. E. ABURILIJUDGE