[2024] KEHC 7766 (KLR)
The court found that both the deceased's domicile and the location of the estate property fell within the jurisdiction of the Maseno SPM's Court. Accordingly, it was proper and in accordance with the law to transfer the Kisumu Chief Magistrate's Succession Cause No. E166 of 2024 to the Maseno SPM's Court for hearing...
Source-derived case information.
- Citation
- [2024] KEHC 7766 (KLR)
- Parties
- Applicant: Francis Ochieng Gwara; Respondent: Estate of William Gwara Okelo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E099 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred to Maseno SPM's Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Jurisdiction, Transfer of Cause, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ochieng Gwara
Applicant
Estate of William Gwara Okelo (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Succession Cause No. E166 of 2024 should be transferred to the Maseno SPM's Court based on the deceased's domicile and location of estate property.
Ratio Decidendi
The court found that both the deceased's domicile and the location of the estate property fell within the jurisdiction of the Maseno SPM's Court. Accordingly, it was proper and in accordance with the law to transfer the Kisumu Chief Magistrate's Succession Cause No. E166 of 2024 to the Maseno SPM's Court for hearing and determination. The court ordered the transmission of the original file and this ruling to the Maseno SPM's Court and directed that the parties be notified to move the court and prosecute the succession cause, including filing all necessary consents before any grant can issue.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Maseno SPM's Court; Kisumu file closed.
Orders
- Kisumu CM Succession Cause No. E166 of 2024 is transferred to Maseno SPM's Court.
- The original file and this ruling to be transmitted to Maseno SPM's Court.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of William Gwara Okelo (Deceased) (Miscellaneous Succession Cause E099 of 2024) [2024] KEHC 7766 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7766 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E099 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF WILLIAM GWARA OKELO DECEASED AND
IN THE MATTER OF AN APPLICATION BY FRANCIS OCHIENG GWARA [PETITIONER] From Original Kisumu Chief Magistrate’s Succession Cause No. E166 of 2024
Ruling
1. The deceased William Gwara Okelo, according to the documents filed, including letter dated 18/3/2024 by the Chief, Kapuonja Location, was a resident of that location which is within the jurisdiction of Maseno law Courts. Similarly, the estate property listed as per the search certificate annexed to the petition for grant which is Kisumu/Kapuonja/2440 is within the jurisdiction of Maseno Law Courts.
2. I hereby transfer Kisumu CM Succession Cause No. E166 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.
3. The original Kisumu CM Succession No. E166 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.
4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given to move the court and prosecute the succession cause and to file into court all the necessary consents before any grant can issue.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF JUNE 2024R. E. ABURILIJUDGE