[2024] KEHC 7929 (KLR)

[2024] KEHC 7929 (KLR)

The court found that the estate property, Kisumu/Bar/641, is located within the jurisdiction of Maseno SPM’s Court. As such, the Kisumu Chief Magistrate Succession Cause No. E526 of 2023 should be transferred to Maseno SPM’s Court for hearing and final determination. The transfer ensures that the matter is heard in...

Source-derived case information.

Citation
[2024] KEHC 7929 (KLR)
Parties
Applicant: Vitalis Kwaka Okeyo alias Peter Okeyo Owiti (Deceased); Respondent: Beneficiaries (not individually named)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause 126 of 2024
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Outcome
Succession cause transferred to Maseno SPM’s Court; original file and order to be transmitted; file closed at Kisumu High Court.
Judges
RE Aburili
Legal Topics
Succession of Estates, Jurisdiction of Courts, Transfer of Proceedings
Source Language
en
Family and Children Succession of Estates Jurisdiction of Courts Transfer of Proceedings

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Parties

Vitalis Kwaka Okeyo alias Peter Okeyo Owiti (Deceased)

Applicant

Beneficiaries (not individually named)

Respondent

Procedural Posture

Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause

Legal Issues

  1. 1 Whether the Kisumu Chief Magistrate Succession Cause No. E526 of 2023 should be transferred to Maseno SPM’s Court for hearing and determination.
  2. 2 Whether the estate property falls within the jurisdiction of Maseno SPM’s Court.

Ratio Decidendi

The court found that the estate property, Kisumu/Bar/641, is located within the jurisdiction of Maseno SPM’s Court. As such, the Kisumu Chief Magistrate Succession Cause No. E526 of 2023 should be transferred to Maseno SPM’s Court for hearing and final determination. The transfer ensures that the matter is heard in the appropriate forum with territorial jurisdiction over the estate property, in accordance with the Law of Succession Act and the Probate and Administration Rules. The court also directed that the original file and this order be transmitted to Maseno SPM’s Court, and that the parties be notified through the addresses provided or via the area chief.

Court Disposition

Succession cause transferred to Maseno SPM’s Court; original file and order to be transmitted; file closed at Kisumu High Court.

Orders

  • Kisumu Chief Magistrate Succession Cause No. E526 of 2023 is transferred to Maseno SPM’s Court for hearing and final determination.
  • The original Kisumu CM Succession No. E526 of 2023 to be transmitted to Maseno SPM’s Court together with this order.