In re Estate of Johana Omedo Andhoga (Deceased) [2024] KEHC 7765 (KLR) | Succession Jurisdiction | Esheria

In re Estate of Johana Omedo Andhoga (Deceased) [2024] KEHC 7765 (KLR)

Full Case Text

In re Estate of Johana Omedo Andhoga (Deceased) (Miscellaneous Succession Cause E097 of 2024) [2024] KEHC 7765 (KLR) (28 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7765 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause E097 of 2024

RE Aburili, J

June 28, 2024

IN THE MATTER OF THE ESTATE OF JOHANA OMEDO ANDHOGA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY CALEB OTIENO OMEDO [PETITIONER]

(From Original Kisumu Chief Magistrate’s Succession Cause No. E161 of 2024)

Ruling

1. The deceased Johana Omedo Andhoga, according to the documents filed, including letter dated 21/2/2023 by the Chief, S.W.Kisumu Location, was a resident of Lower Osir Sublocation, which is within the jurisdiction of Maseno law Courts. Similarly, the estate property listed as per the search certificate annexed to the petition for grant which is Kisumu/Kanyawegi/6065 is within the jurisdiction of Maseno Law Courts.

2. I hereby transfer Kisumu CM Succession Cause No. E161 of 2024 to Maseno SPM’S Court in whose jurisdiction the deceased was domiciled.

3. The original Kisumu CM Succession No. E161 of 2024 to be transmitted to Maseno SPM’s court together with this ruling and order.

4. Upon receipt of the file and order, SPM Maseno Law Courts to notify the parties using the addresses given to move the court and prosecute the succession cause and to file into court all the necessary consents before any grant can issue.

5. This file is closed.

6. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE 2024R. E. ABURILIJUDGE