[2024] KEHC 7961 (KLR)
The court found that the estate property, Kisumu/Ojola/3318, is situated within the jurisdiction of Maseno SPM's Court and that all beneficiaries reside in the relevant locality. The Chief's letter confirmed these facts. Accordingly, the court held that it is proper and just to transfer Kisumu Chief Magistrate...
Source-derived case information.
- Citation
- [2024] KEHC 7961 (KLR)
- Parties
- Applicant: Fanuel Onyango Ombonya; Respondent: Estate of Willington Ombonya Owiti alias Ombonya Owiti (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 113 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed; matter transferred to Maseno 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
Fanuel Onyango Ombonya
Applicant
Estate of Willington Ombonya Owiti alias Ombonya Owiti (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E199 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 Kisumu/Ojola/3318.
Ratio Decidendi
The court found that the estate property, Kisumu/Ojola/3318, is situated within the jurisdiction of Maseno SPM's Court and that all beneficiaries reside in the relevant locality. The Chief's letter confirmed these facts. Accordingly, the court held that it is proper and just to transfer Kisumu Chief Magistrate Succession Cause No. E199 of 2024 to Maseno SPM's Court for hearing and final determination, ensuring that the matter is heard by the court with appropriate territorial jurisdiction. The court further directed the transmission of the original file and order to Maseno SPM's Court and instructed that parties be notified through the addresses provided or via the area chief.
Court Disposition
Application for transfer of succession cause allowed; matter transferred to Maseno SPM's Court.
Orders
- Kisumu Chief Magistrate Succession Cause No. E199 of 2024 is transferred to Maseno SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E199 of 2024 to be transmitted to Maseno SPM's Court together with this order.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Willington Ombonya Owiti alias Ombonya Owiti (Deceased) (Miscellaneous Succession Cause 113 of 2024) [2024] KEHC 7961 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7961 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 113 of 2024
RE Aburili, J
June 28, 2024
IN THE MATTER OF THE ESTATE OF WILLINGTON OMBONYA OWITI alias OMBONYA OWITI (DECEASED) AND IN THE MATTER OF AN APPLICATION BY FANUEL ONYANGO OMBONYA
Ruling
1. The deceased Willington Ombonya Owiti alias Ombonya Owiti according to the Chief’s letter dated 4th April, 2024, was a resident of Ojolla Sub-location within South East Kisumu Location, Otonglo Division in Kisumu West Sub-county.
2. The estate property is Kisumu/Ojola/3318, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Chief, South East Kisumu Location and are residents of South East Kisumu Location
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E199 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E199 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 given and or through the area chief 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 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE