[2024] KEHC 12301 (KLR)
The court determined that since the deceased's estate is located in Otonglo area, Korando ‘B’ Sub-location, which falls within the geographical jurisdiction of Maseno Law Courts, it is appropriate and just to transfer Kisumu CMC Succession Cause No. E343 of 2024 to Maseno Law Courts for hearing and determination....
Source-derived case information.
- Citation
- [2024] KEHC 12301 (KLR)
- Parties
- Applicant: Yunia Atieno Olang; Applicant: Richard Nyaridi Olang
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 237 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of succession cause granted.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yunia Atieno Olang
Applicant
Richard Nyaridi Olang
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Kisumu CMC Succession Cause No. E343 of 2024 should be transferred to Maseno Law Courts for hearing and determination.
- 2 Whether the geographical location of the deceased's estate justifies the transfer of the succession cause.
Ratio Decidendi
The court determined that since the deceased's estate is located in Otonglo area, Korando ‘B’ Sub-location, which falls within the geographical jurisdiction of Maseno Law Courts, it is appropriate and just to transfer Kisumu CMC Succession Cause No. E343 of 2024 to Maseno Law Courts for hearing and determination. The transfer ensures that the matter is heard in the court with proper territorial jurisdiction, in accordance with the Law of Succession Act and the Civil Procedure Act. The court further directed that the e-file be transmitted to Maseno SPM’s court and that the petitioners be notified to prosecute the succession cause there. The Kisumu file was accordingly closed.
Court Disposition
Application for transfer of succession cause granted.
Orders
- Kisumu CMC Succession Cause No. E343 of 2024 is transferred to Maseno Law Courts for hearing and determination.
- The e-file shall be transmitted to Maseno SPM’s court.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of William Olang Olewe (Deceased) (Miscellaneous Succession Cause 237 of 2024) [2024] KEHC 12301 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12301 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 237 of 2024
RE Aburili, J
October 15, 2024
In the matter of
Yunia Atieno Olang
1st Petitioner
Richard Nyaridi Olang
2nd Petitioner
Ruling
1. The deceased William Olang Olewe hailed from Otonglo area, Korando ‘B’ Sub-location, Kisumu Central location according to the letter dated 8th December, 2023 by the Assistant Chief, Korando ‘B’ Sub-location which identifies the beneficiaries and assets left behind by the deceased.
2. The area falls within the geographical location of Maseno Law Courts and hence, the request by Kisumu Chief Magistrate’s Court to transfer CMC Succession Cause No. E343 of 2024 to Maseno Law Courts.
3. I hereby transfer Kisumu CMC Succession Cause No. E343 of 2024 to Maseno Law Courts for hearing and determination.
4. The e-file to be transmitted to Maseno SPM’s court upon which the Petitioners should be notified to move the court to prosecute the Succession Cause.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF OCTOBER, 2024R. E. ABURILIJUDGE