[2024] KEHC 4926 (KLR)

[2024] KEHC 4926 (KLR)

The court determined that, since the beneficiaries and assets of the estate of Tom Nyanjom Ger are located in Siaya County, the Kisumu High Court lacked the proper jurisdiction to continue handling the matter. The grant previously issued was revoked, and the beneficiaries were directed to petition afresh before the...

Source-derived case information.

Citation
[2024] KEHC 4926 (KLR)
Parties
Applicant: Alice Marenya Nyanjom; Applicant: James Ochieng Ger
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause E011 of 2024
Procedural Posture
Miscellaneous Succession Cause / Ruling on File Closure After Revocation of Grant
Outcome
File closed following revocation of grant and transfer of matter to Siaya High Court.
Judges
RE Aburili
Legal Topics
Succession Procedure, Revocation of Grant, Jurisdiction Transfer
Source Language
en
Family and Children Succession Procedure Revocation of Grant Jurisdiction Transfer

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Parties

Alice Marenya Nyanjom

Applicant

James Ochieng Ger

Applicant

Procedural Posture

Miscellaneous Succession Cause / Ruling on File Closure After Revocation of Grant

Legal Issues

  1. 1 Whether the grant issued in respect of the estate of Tom Nyanjom Ger should remain in force or be revoked.
  2. 2 Whether the matter should be transferred to the Siaya High Court given the location of beneficiaries and assets.
  3. 3 Whether the court file should be closed following revocation and transfer directions.

Ratio Decidendi

The court determined that, since the beneficiaries and assets of the estate of Tom Nyanjom Ger are located in Siaya County, the Kisumu High Court lacked the proper jurisdiction to continue handling the matter. The grant previously issued was revoked, and the beneficiaries were directed to petition afresh before the Siaya High Court. The file was ordered closed, and the ruling was to be entered into the CTS system to reflect the finality of the court's decision and ensure proper administrative closure.

Court Disposition

File closed following revocation of grant and transfer of matter to Siaya High Court.

Orders

  • The file is closed.
  • The ruling is to be typed and entered in the CTS together with the previous ruling of 15th April 2024.