[2024] KEHC 12738 (KLR)
The court found that since the deceased and beneficiaries hail from the geographical jurisdiction of Maseno Senior Principal Magistrate's Court, it is appropriate and in accordance with the law to transfer the succession cause from Kisumu Chief Magistrate's Court to Maseno SPM's Court for hearing and determination....
Source-derived case information.
- Citation
- [2024] KEHC 12738 (KLR)
- Parties
- Applicant: Jackson Omondi Anyango; Respondent: Estate of Wilson Anyango Ponge alias Wilson Anyango (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 238 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno Senior Principal Magistrate's Court; Kisumu file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Jurisdiction of Court, Transfer of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Omondi Anyango
Applicant
Estate of Wilson Anyango Ponge alias Wilson Anyango (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has jurisdiction to hear the succession cause given the deceased and beneficiaries reside within the jurisdiction of Maseno SPM's Court.
- 2 Whether the succession cause should be transferred to Maseno Senior Principal Magistrate's Court for hearing and determination.
Ratio Decidendi
The court found that since the deceased and beneficiaries hail from the geographical jurisdiction of Maseno Senior Principal Magistrate's Court, it is appropriate and in accordance with the law to transfer the succession cause from Kisumu Chief Magistrate's Court to Maseno SPM's Court for hearing and determination. The transfer is supported by the letter from the Chief, Kisumu West Location, and is necessary to ensure the matter is heard by the court with proper territorial jurisdiction. The original file is to be transmitted electronically, and the petitioner is to be notified of the transfer.
Court Disposition
Succession cause transferred to Maseno Senior Principal Magistrate's Court; Kisumu file closed.
Orders
- Kisumu CM Succession Cause No. E348 of 2024 is transferred to Maseno Senior Principal Magistrate's Court for hearing and determination.
- The original file to be transmitted to Maseno SPM's Court via e-portal.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Wilson Anyango Ponge alias Wilson Anyango (Deceased) (Miscellaneous Succession Cause 238 of 2024) [2024] KEHC 12738 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12738 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 238 of 2024
RE Aburili, J
October 24, 2024
IN THE MATTER OF THE ESTATE OF WILSON ANYANGO PONGE alias WILSON ANYANGO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JACKSON OMONDI ANYANGO - PETITIONER (Arising from Kisumu Chief Magistrate’s Court Succession No. E348 of 2024)
Ruling
1. The Petitioner Jackson Omondi Anyango sought for grant of letters of administration intestate to administer the estate of Wilson Anyango Ponge alias Wilson Anyango (deceased) vide Kisumu CM Succession Cause No. E348 of 2024.
2. They paid full court fees for filing of the petition on 9th October 2024.
3. However, the file was brought to this court by the Chief Magistrate’s court seeking for transfer of the Succession Cause to Maseno SPM’s court on account that the deceased and beneficiaries hail from the geographical jurisdiction of Maseno SPM’s court.
4. This is evidenced by the letter dated 4th October 2024 by the Chief, Kisumu West Location, Paw-Akuche introducing the estate, beneficiaries and assets.
5. For the above reason, I hereby transfer Kisumu CM Succession Cause No. E348 of 2024 to Maseno Senior Principal Magistrate’s Court for hearing and determination.
6. The original Kisumu CM Succession No. E348 of 2024 to be transmitted to Maseno SPM’s court via e-portal, with copy of this order being served upon the Petitioner notifying him of the transfer of the cause, by Maseno court upon receipt of the transferred file.
7. This file is closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF OCTOBER, 2024R. E. ABURILIJUDGE