[2024] KEHC 10162 (KLR)
The court found that the estate property, Kisumu/Othany/3953, is located within the jurisdiction of Maseno SPM’s Court and that all beneficiaries are residents of the area as confirmed by the Assistant Chief’s letter. Therefore, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate...
Source-derived case information.
- Citation
- [2024] KEHC 10162 (KLR)
- Parties
- Applicant: Esther Luteny Osura
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 196 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 Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Luteny Osura
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate Succession Cause No. E233 of 2024 should be transferred to Maseno SPM’s Court for hearing and determination.
- 2 Whether the estate property falls within the jurisdiction of Maseno SPM’s Court.
Ratio Decidendi
The court found that the estate property, Kisumu/Othany/3953, is located within the jurisdiction of Maseno SPM’s Court and that all beneficiaries are residents of the area as confirmed by the Assistant Chief’s letter. Therefore, it is appropriate and in the interests of justice to transfer Kisumu Chief Magistrate Succession Cause No. E233 of 2024 to Maseno SPM’s Court for hearing and final determination. The original file and this order are to be transmitted to Maseno SPM’s Court, which is directed to notify the parties and facilitate prosecution of the succession cause. The High Court file is closed upon transfer.
Court Disposition
Succession cause transferred to Maseno SPM’s Court; High Court file closed.
Orders
- Kisumu Chief Magistrate Succession Cause No. E233 of 2024 is transferred to Maseno SPM’s Court for hearing and final determination.
- The original Kisumu CM Succession No. E233 of 2024 to be transmitted to Maseno SPM’s Court together with this order.
Full Case Text
Judgment text and source record
19 paragraphs
In re the Estate of Nicolous Osura Agengo (Deceased) (Miscellaneous Succession Cause 196 of 2024) [2024] KEHC 10162 (KLR) (15 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10162 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 196 of 2024
RE Aburili, J
August 15, 2024
In the matter of
In the Matter of an Application by Esther Luteny Osura
Petitioner
Ruling
1. The deceased Nicholous Osura Agengo, from the Assistant Chief’s letter dated 18/11/2023 was a resident of East Othany Sublocation, South Central Seme Location.
2. The estate property is Kisumu/Othany/3953, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are listed by the Assistant Chief of the area, East Othany Sublocation.
3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E233 of 2024 to Maseno SPM’s Court for hearing and final determination.
4. The original Kisumu CM Succession No. E233 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 15TH DAY OF AUGUST, 2024R. E. ABURILIJUDGE