In re Estate of Gabriel Onyango Rawayo (Deceased) [2024] KEHC 14415 (KLR)

In re Estate of Gabriel Onyango Rawayo (Deceased) (Miscellaneous Succession Cause E095 of 2024) [2024] KEHC 14415 (KLR) (19 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14415 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause E095 of 2024

RE Aburili, J

November 19, 2024

IN THE MATTER OF THE ESTATE OF GABRIEL ONYANGO RAWAYO (DECEASED)

Between

Rose Otieno

Applicant

and

Vincent Samson Oduor

Respondent

Ruling

1. I have considered the summons for revocation of grant dated 7th November 2024 under certificate of urgency. I do not certify it urgent.

2. I observe that the estate of the deceased and the deceased are domiciled in Siaya County and that the Succession Cause No. 102 of 2011 was filed in this court in 2011 before establishment of Siaya High Court in 2015.

3. Now that Siaya High Court exists and the land subject of the dispute is North Ugenya/Sega/2066 is within the jurisdiction of Siaya High Court, the deceased having resided at Sega within Siaya County, I hereby direct that this matter and Kisumu HC Succession Cause No. 102 of 2011 are hereby transferred to Siaya High Court for hearing and final determination of the pending issues.

4. The original files herein to be submitted to Siaya High Court forthwith.

5. This file is closed.

6. Ruling to be typed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE