[2024] KEHC 6083 (KLR)
The court determined that since the estate property, Kisumu/Konya/300, is within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the Chief of West Kajulu Location, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E117 of 2024 to Winam...
Source-derived case information.
- Citation
- [2024] KEHC 6083 (KLR)
- Parties
- Applicant: Margaret Owago Ngodi; Respondent: Willis Ngondi Ayock alias Ngodi Ayako (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 161 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Application for transfer of succession cause allowed.
- 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
Margaret Owago Ngodi
Applicant
Willis Ngondi Ayock alias Ngodi Ayako (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the succession cause should be transferred from Kisumu Chief Magistrate's Court 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/Konya/300, is within the jurisdiction of Winam SPM's Court and all beneficiaries are known to the Chief of West Kajulu Location, it is appropriate and in accordance with the law to transfer Kisumu Chief Magistrate Succession Cause No. E117 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 facilitating efficient administration of justice.
Court Disposition
Application for transfer of succession cause allowed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E117 of 2024 is transferred to Winam SPM's Court for hearing and final determination.
- The original Kisumu CM Succession No. E117 of 2024 file 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 Willis Ngondi Ayock alias Ngodi Ayako (Deceased) (Miscellaneous Succession Cause 161 of 2024) [2024] KEHC 6083 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6083 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 161 of 2024
RE Aburili, J
May 29, 2024
IN THE MATTER OF THE ESTATE OF WILLIS NGONDI AYOCK alias NGODI AYAKO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY MARGARET OWAGO NGODI (APPLICANT)
Ruling
1. The deceased Willis Ngondi Ayock alias Ngodi Ayako was, according to the Chief’s letter dated 2nd November, 2023, resident of Konya Sub-location in West Kajulu Location.
2. The estate property is Kisumu/Konya/300, which is within the jurisdiction of Winam SPM’s court. All the beneficiaries are known to the Chief, West Kajulu Location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E117 of 2024 to Winam SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E117 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 29TH DAY OF MAY, 2024R. E. ABURILIJUDGE