[2024] KEHC 7958 (KLR)
The court determined that since the estate property, Kisumu/Kanyawegi/2807, falls within the jurisdiction of Maseno SPM’s Court and all beneficiaries are residents of the relevant sub-location, it is proper and just to transfer Kisumu Chief Magistrate Succession Cause No E190 of 2024 to Maseno SPM’s Court for...
Source-derived case information.
- Citation
- [2024] KEHC 7958 (KLR)
- Parties
- Applicant: Peter Odhiambo Lare alias Odhiambo Lare (Deceased); Respondent: Beneficiaries of the Estate of Peter Odhiambo Lare
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 109 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession cause transferred to Maseno SPM's Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Transfer of Succession Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Odhiambo Lare alias Odhiambo Lare (Deceased)
Applicant
Beneficiaries of the Estate of Peter Odhiambo Lare
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether Kisumu Chief Magistrate Succession Cause No E190 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.
Ratio Decidendi
The court determined that since the estate property, Kisumu/Kanyawegi/2807, falls within the jurisdiction of Maseno SPM’s Court and all beneficiaries are residents of the relevant sub-location, it is proper and just to transfer Kisumu Chief Magistrate Succession Cause No E190 of 2024 to Maseno SPM’s Court for hearing and final determination. The transfer ensures that the matter is heard in the court with local jurisdiction over the estate property, in accordance with the Law of Succession Act and the Probate and Administration Rules. The court further directed that the original file and order be transmitted to Maseno SPM’s Court and that parties be notified accordingly. The file before...
Court Disposition
Succession cause transferred to Maseno SPM's Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No E190 of 2024 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No E190 of 2024 to be transmitted to Maseno SPM’s court together with this order.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate Peter Odhiambo Lare alias Odhiambo Lare (Deceased) (Miscellaneous Succession Cause 109 of 2024) [2024] KEHC 7958 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7958 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 109 of 2024
RE Aburili, J
June 28, 2024
Ruling
1. The deceased Peter Odhiambo Lare alias Odhiambo Lare, according to the Assistant Chief’s letter dated 12th September, 2023, was a resident of Kogada, Lower Kanyawegi Sub-location within Kisumu County.
2. The estate property is Kisumu/Kanyawegi/2807, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the Assistant Chief, Lower Osiri Sub-location and are residents of Lower Osiri Sub-location.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No E190 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No E190 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 28THDAY OF JUNE 2024R. E. ABURILIJUDGE