In re Estate of Joseph Pheliz Mboya (Deceased) [2024] KEHC 12778 (KLR)

In re Estate of Joseph Pheliz Mboya (Deceased) (Miscellaneous Succession Cause 242 of 2024) [2024] KEHC 12778 (KLR) (24 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12778 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause 242 of 2024

RE Aburili, J

October 24, 2024

IN THE MATTER OF AN APPLICATION BY BERYL ADHIAMBO ODUOR, NEREA PATRICIA ALUOCH MBOYA and BETH LUIZER ACHIENG MBOYA - PETITIONERS

In the matter of

Beryl Adhiambo Oduor

1st Petitioner

Nerea Patricia Aluoch Mboya

2nd Petitioner

Beth Kyuzer Achieng Mboya

3rd Petitioner

(Arising from Kisumu Chief Magistrate’s Court Succession No. E347 of 2024)

Ruling

1. The deceased Joseph Phelix Mboya hailed from Kitota village, South Kabura Sub-location, West Kanyadoto Location, Nyagori Division, Dhiwa Sub-county which is within the jurisdiction of Winam Senior Principal Magistrate’s Court.

2. This is supported by the death certificate and the Chief’s letter dated 19th September 2024 identifying all beneficiaries of the deceased and her assets.

3. Accordingly, the Chief Magistrate’s court at Kisumu brought this matter for directions on geographical jurisdiction.

4. I hereby transfer Kisumu Chief Magistrate’s Court Succession Cause No. E347 of 2024 to Winam Senior Principal Magistrate’s court for hearing and determination.

5. The e-file to be transmitted to Winam Law Courts and upon receipt, to notify the Petitioners forthwith to move the court.

6. This file is closed. I so order.

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