In re Estate of Jacob Naboth Obieo Ahono alias Jacob Obiero (Deceased) [2024] KEHC 12779 (KLR)

In re Estate of Jacob Naboth Obieo Ahono alias Jacob Obiero (Deceased) (Miscellaneous Succession Cause 239 of 2024) [2024] KEHC 12779 (KLR) (24 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12779 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause 239 of 2024

RE Aburili, J

October 24, 2024

N THE MATTER OF THE ESTATE OF JACOB NABOTH OBIEO AHONO alias JACOB OBIERO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JORIM AGGREY OBIERO and ROSE ATIENO OBIERO - PETITIONERS

In the matter of

Jorim Aggrey Obiero

1st Petitioner

Rose Atieno Obiero

2nd Petitioner

((Arising from Kisumu Chief Magistrate’s Court Succession No. E351 of 2024))

Ruling

1. The Petitioners Jorim Aggrey Obiero and Rose Atieno Obiero sought for grant of letters of administration intestate to administer the estate of Jacob Naboth Obieo Ahono alias Jacob Obiero (deceased) vide Kisumu CM Succession Cause No. E351 of 2024.

2. They paid full court fees for filing of the petition on 11th October 2024.

3. However, the file was brought to this court by the Chief Magistrate’s court seeking for transfer of the Succession Cause to Maseno SPM’s court on account that the deceased and beneficiaries hail from the geographical jurisdiction of Maseno SPM’s court.

4. This is evidenced by the letter dated 30th August 2024 by the Chief, North Kisumu Location, Nyahera Sub-location introducing the estate, beneficiaries and assets.

5. For the above reason, I hereby transfer Kisumu CM Succession Cause No. E351 of 2024 to Maseno Senior Principal Magistrate’s Court for hearing and determination.

6. The original Kisumu CM Succession No. E351 of 2024 to be transmitted to Maseno SPM’s court via e-portal, with copy of this order being served upon the Petitioners notifying them of the transfer of the cause, by Maseno court upon receipt of the transferred file.

7. This file is closed.

8. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF OCTOBER, 2024R. E. ABURILIJUDGE