[2024] KEHC 6485 (KLR)
The court determined that since the estate properties, Kisumu/Buoye/634 and Kisumu/Buoye/1140, are located within the jurisdiction of the Winam SPM's Court, it is appropriate and just to transfer the succession cause to that court for hearing and final determination. The court further ordered the transmission of the...
Source-derived case information.
- Citation
- [2024] KEHC 6485 (KLR)
- Parties
- Applicant: Lewnadus Nyumba Oguya; Applicant: Joseph Owiti Oguya; Applicant: Barnabas Matengo Oguya
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 140 of 2024
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of succession cause allowed; matter transferred to Winam SPM's Court.
- Judges
- RE Aburili
- Legal Topics
- Succession, Transfer of Proceedings, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lewnadus Nyumba Oguya
Applicant
Joseph Owiti Oguya
Applicant
Barnabas Matengo Oguya
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the appropriate court with jurisdiction over the estate property.
- 2 Whether the original file and orders should be transmitted to the receiving court for further action.
Ratio Decidendi
The court determined that since the estate properties, Kisumu/Buoye/634 and Kisumu/Buoye/1140, are located within the jurisdiction of the Winam SPM's Court, it is appropriate and just to transfer the succession cause to that court for hearing and final determination. The court further ordered the transmission of the original file and this order to the receiving court to facilitate the prosecution of the succession cause by the parties. This ensures that the matter is heard by the court with proper territorial jurisdiction, in accordance with the Law of Succession Act and procedural rules.
Court Disposition
Application for transfer of succession cause allowed; matter transferred to Winam SPM's Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E168 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E168 of 2024 and this order to be transmitted to Winam SPM's Court.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Vitalis Oguya alias Pitalis Oguya (Deceased) (Succession Cause 140 of 2024) [2024] KEHC 6485 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6485 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 140 of 2024
RE Aburili, J
June 3, 2024
N THE MATTER OF THE ESTATE OF VITALIS OGUYA OGUYA alias PITALIS OGUYA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY LEWNADUS NYUMBA OGUYA, JOSEPH OWITI OGUYA and BARNABAS MATENGO OGUYA (APPLICANTS)
Ruling
1. The deceased Vitalis Oguya Oguya alias Pitalis Oguya was, according to the Chief’s letter dated 9th February, 2024, resident of Buoye Sub-location, East Kolwa Location.
2. The estate property is Kisumu/Buoye/634 and Kisumu/Buoye/1140, which are within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, East Kolwa Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E168 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E168 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 3RDDAY OF JUNE, 2024R. E. ABURILIJUDGE