[2024] KEHC 6481 (KLR)
The court determined that since the estate property, Kisumu/Nyalunya/2496, is situated within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the Chief of Central Kolwa Location, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E170 of...
Source-derived case information.
- Citation
- [2024] KEHC 6481 (KLR)
- Parties
- Applicant: Martha Ogalo Chuonyo; Applicant: Yunitar Aluoch Ogalo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 133 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; file transferred to Winam SPM’s Court.
- 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
Martha Ogalo Chuonyo
Applicant
Yunitar Aluoch Ogalo
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No. E170 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 determined that since the estate property, Kisumu/Nyalunya/2496, is situated within the jurisdiction of Winam SPM’s Court and all beneficiaries are known to the Chief of Central Kolwa Location, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E170 of 2024 to Winam SPM’s Court for hearing and final determination. The transfer ensures that the matter is heard by the court with proper territorial jurisdiction over the estate property, thereby promoting efficient administration of justice.
Court Disposition
Application for transfer of succession cause allowed; file transferred to Winam SPM’s Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E170 of 2024 is transferred to Winam SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E170 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 William Ogalo Chuonyo (Deceased) (Miscellaneous Succession Cause 133 of 2024) [2024] KEHC 6481 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6481 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 133 of 2024
RE Aburili, J
June 3, 2024
IN THE MATTER OF THE ESTATE OF WILLIAM OGALO CHUONYO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY MARTHA OGALO CHUONYO AND YUNITAR ALUOCH OGALO (APPLICANTS)
Ruling
1. The deceased William Ogalo Chuonyo was, according to the Chief’s letter dated 21st March 2023, resident of Nyalunya Sub-location, Central Kolwa Location, Kolwa Division in Kisumu East Sub-county.
2. The estate property is Kisumu/Nyalunya/2496, 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. E170 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E170 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 3RD DAY OF JUNE, 2024. R. E. ABURILIJUDGE