[2024] KEHC 7778 (KLR)
The court determined that since the estate property is located within the jurisdiction of Maseno SPM's Court and all beneficiaries are residents of East Seme, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E220 of 2024 to Maseno SPM's Court for hearing and final determination....
Source-derived case information.
- Citation
- [2024] KEHC 7778 (KLR)
- Parties
- Applicant: Walter Angienda Deya (Deceased); Respondent: Beneficiaries (residents of East Seme)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 081 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Jurisdiction of Courts, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Walter Angienda Deya (Deceased)
Applicant
Beneficiaries (residents of East Seme)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E220 of 2024 should be transferred to Maseno SPM's Court for hearing and determination.
- 2 Whether the Maseno SPM's Court has jurisdiction over the estate property.
Ratio Decidendi
The court determined that since the estate property is located within the jurisdiction of Maseno SPM's Court and all beneficiaries are residents of East Seme, it is appropriate and just to transfer Kisumu Chief Magistrate Succession Cause No. E220 of 2024 to Maseno SPM's Court for hearing and final determination. This ensures that the matter is heard in the correct forum, in accordance with the Law of Succession Act and relevant procedural rules. The court further directed that the original file and order be transmitted to Maseno SPM's Court and that the parties be notified to move the court and prosecute the succession cause.
Court Disposition
Succession cause transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E220 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E220 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 Walter Angienda Deya (Deceased) (Miscellaneous Succession Cause 081 of 2024) [2024] KEHC 7778 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7778 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 081 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Walter Angienda Deya, according to the Chief’s letter dated 13th September, 2023, was a resident of East Seme Location within Seme Sub County.
2. The estate property is Kisumu/Koker Kajulu/732, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, East Seme Location and are residents of East Seme.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E220 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E220 of 2024 to be transmitted to Maseno SPM’s court together with this order.
5. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses/contacts supplied to Court and or through the area Chief to move the court and prosecute the succession cause.
6. This file is closed.I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE