[2024] KEHC 6066 (KLR)
The court found that the estate property, Kisumu/Nyalunya/2304, is situated within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the Chief of Central Kolwa Location. Therefore, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No...
Source-derived case information.
- Citation
- [2024] KEHC 6066 (KLR)
- Parties
- Applicant: Fredrick Odhiambo Oruko; Respondent: Estate of Walter Oruko Onyango alias Oruko Onyango (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 160 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred and High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Odhiambo Oruko
Applicant
Estate of Walter Oruko Onyango alias Oruko Onyango (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No E129 of 2024 should be transferred to Winam SPM’s Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Winam SPM’s Court.
Ratio Decidendi
The court found that the estate property, Kisumu/Nyalunya/2304, is situated within the jurisdiction of Winam SPM’s Court and that all beneficiaries are known to the Chief of Central Kolwa Location. Therefore, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No E129 of 2024 to Winam SPM’s Court for hearing and final determination. The court ordered the transmission of the original file and this order to Winam SPM’s Court and directed that upon receipt, the parties be notified to proceed with the prosecution of the succession cause. The file before the High Court was closed accordingly.
Court Disposition
Application for transfer of succession cause allowed; file transferred and High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No E129 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No E129 of 2024 to be transmitted to Winam SPM’s Court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Walter Oruko Onyango alias Oruko Onyango (Deceased) (Miscellaneous Succession Cause 160 of 2024) [2024] KEHC 6066 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6066 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 160 of 2024
RE Aburili, J
May 29, 2024
IN THE MATTER OF THE ESTATE OF WALTER ORUKO ONYANGO alias ORUKO ONYANGO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY FREDRICK ODHIAMBO ORUKO (APPLICANT
Ruling
1. The deceased Walter Oruko Onyango alias Oruko Onyango was, according to the Chief’s letter dated 10th August, 2023, resident of Nyalunya Sub-location, Central Kolwa Location, Kolwa Division in Kisumu East Sub-county.
2. The estate property is Kisumu/Nyalunya/2304, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, Central Kolwa Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No E129 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No E129 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 29THDAY OF MAY, 2024R. E. ABURILIJUDGE