In re Estate of Ezekiel Nyawade Achola (Deceased) [2025] KEHC 9820 (KLR)

In re Estate of Ezekiel Nyawade Achola (Deceased) (Miscellaneous Succession Application 303 of 2025) [2025] KEHC 9820 (KLR) (9 July 2025) (Ruling)

Neutral citation: [2025] KEHC 9820 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Application 303 of 2025

A Mabeya, J

July 9, 2025

IN THE MATTER OF THE ESTATE OF EZEKIEL NYAWADE ACHOLA - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WILIKISTER AOKO OGOLA - PETITIONER

(From Original Kisumu Magistrate’s Court Succession Cause No. E091 of 2025

Ruling

1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Kisumu and Maseno. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.

2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Kisumu Law Courts and transferred to Maseno Law Courts for hearing and determination. The parties be notified.

3. Mention on 25/7/2025 before the Head of Station, Maseno Law Courts for further directions.

4. This file is marked as closed.It is so ordered.

DATED AND DELIVERED AT KISUMU THIS 9TH DAY OF JULY, 2025. A. MABEYA, FCI, ArbJUDGE