[2024] KEHC 14316 (KLR)
The court determined that since the estate of the deceased is domiciled within the geographical jurisdiction of Nyando Law Courts, it is appropriate and in accordance with the law for the succession cause to be heard and determined by the Nyando Senior Principal Magistrate’s Court. The transfer ensures that the...
Source-derived case information.
- Citation
- [2024] KEHC 14316 (KLR)
- Parties
- Applicant: Thomas Mboya Nengo; Respondent: Vincent Soro Ogodo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 252 of 2024
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer allowed; succession cause transferred to Nyando Senior Principal Magistrate’s Court.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Mboya Nengo
Applicant
Vincent Soro Ogodo (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate’s Court Succession Cause No. 494 of 2020 should be transferred to Nyando Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court determined that since the estate of the deceased is domiciled within the geographical jurisdiction of Nyando Law Courts, it is appropriate and in accordance with the law for the succession cause to be heard and determined by the Nyando Senior Principal Magistrate’s Court. The transfer ensures that the matter is adjudicated in the proper forum, as required by the Law of Succession Act and the relevant procedural rules. The court thus ordered the transfer of the file from Kisumu Chief Magistrate’s Court to Nyando Senior Principal Magistrate’s Court for hearing and final determination.
Court Disposition
Application for transfer allowed; succession cause transferred to Nyando Senior Principal Magistrate’s Court.
Orders
- Kisumu Chief Magistrate’s Court Succession Cause No. 494 of 2020 is transferred to Nyando Senior Principal Magistrate’s Court for hearing and final determination.
- The original Kisumu Chief Magistrate’s Succession cause file No. 494 of 2020 to be submitted to Nyando Senior Principal Magistrate’s Court.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Vincent Soro Ogodo (Deceased) (Miscellaneous Succession Application 252 of 2024) [2024] KEHC 14316 (KLR) (18 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14316 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 252 of 2024
RE Aburili, J
November 18, 2024
IN THE MATTER OF THE ESTATE OF VINCENT SORO OGODO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY THOMAS MBOYA NENGO - PETITIONER (Arising from Kisumu Chief Magistrate’s Court Succession No. 494 of 2020)
Ruling
1. The estate of the deceased Vincent Soro Ogodo is domiciled within the geographical jurisdiction of Nyando Law Courts but the administrator filed the Succession Cause at Kisumu Chief Magistrate’s Court. The file has been brought to this court for transfer to Nyando law Courts.
2. I hereby transfer Kisumu Chief Magistrate’s Court Succession Cause No. 494 of 2020 to Nyando Senior principal Magistrate’s Court for hearing and final determination.
3. The original Kisumu Chief Magistrate’s Succession cause file No. 494 of 2020 to be submitted to Nyando Senior Principal Magistrate’s Court and parties be notified forthwith.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGEPage 1 of 1