[2024] KEHC 12347 (KLR)
The court determined that since the deceased hailed from Mayenya Sub-location, East Kolwa location, which falls within the geographical jurisdiction of Winam SPM’s Court, the Succession Cause should be heard at the Winam Law Courts. The Kisumu Chief Magistrate’s Court’s request to reroute the cause was granted to...
Source-derived case information.
- Citation
- [2024] KEHC 12347 (KLR)
- Parties
- Applicant: Maurice Otieno Miruka; Respondent: Samuel Miruka Akech (deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 236 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- Succession Cause transferred to Winam Law Courts; Kisumu file closed.
- 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
Maurice Otieno Miruka
Applicant
Samuel Miruka Akech (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 Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the deceased hailed from Mayenya Sub-location, East Kolwa location, which falls within the geographical jurisdiction of Winam SPM’s Court, the Succession Cause should be heard at the Winam Law Courts. The Kisumu Chief Magistrate’s Court’s request to reroute the cause was granted to ensure the matter is heard in the appropriate forum. The e-file is to be transmitted to Winam Law Courts, and the petitioner is to be notified to proceed with prosecution there. The file at Kisumu is closed accordingly.
Court Disposition
Succession Cause transferred to Winam Law Courts; Kisumu file closed.
Orders
- Kisumu CMC Succession Cause No. E498 of 2023 is transferred to Winam Law Courts for hearing and determination.
- The e-file to be transmitted to Winam Law Courts.
Full Case Text
Judgment text and source record
16 paragraphs
In re Maurice Otieno Miruka - Petitioner (Miscellaneous Succession Cause 236 of 2024) [2024] KEHC 12347 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12347 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 236 of 2024
RE Aburili, J
October 15, 2024
IN THE MATTER OF THE ESTATE OF SAMUEL MIRUKA AKECH (DECEASED) AND IN THE MATTER OF AN APPLICATION BY MAURICE OTIENO MIRUKA - PETITIONER
Ruling
1. The deceased Samuel Miruka Akech, according to the Assistant Chief’s letter dated 8th August, 2023 hailed from Mayenya Sub-location, East Kolwa location, which falls within the geographical location of Winam SPM’s Court.
2. The Petitioner Maurice Otieno Miruka filed the Succession Cause at the Kisumu Chief Magistrate’s Court. The latter court has brought a request to reroute the Cause to Winam Law Courts.
3. I hereby transfer Kisumu CMC Succession Cause No. E498 of 2023 to Winam Law Courts for hearing and determination.
4. The e-file to be transmitted to Winam Law Courts upon which the Petitioner to forthwith 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 15THDAY OF OCTOBER, 2024R. E. ABURILIJUDGE