In re Estate of Lucas Apondi Magero (Deceased) [2024] KEHC 12855 (KLR)

In re Estate of Lucas Apondi Magero (Deceased) (Miscellaneous Succession Cause 244 of 2024) [2024] KEHC 12855 (KLR) (24 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12855 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause 244 of 2024

RE Aburili, J

October 24, 2024

IN THE MATTER OF THE ESTATE OF LUCAS APONDI MAGERO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY GEORGE ODUOR MAGERO and RISPER ACHIENG MAGERO - PETITIONERS (Arising from Kisumu Chief Magistrate’s Court Succession No. E187 of 2024)

Ruling

1. The deceased Lucas Apondi Magero hailed from Kadenge Sub-location, Fort Ternan Location, Muhoroni Division which is within the jurisdiction of Tamu Senior Principal Magistrate’s Court.

2. This is supported by the death certificate and the Chief’s letter dated 18th September 2023 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. E187 of 2024 to Tamu Senior Principal Magistrate’s court for hearing and determination.

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

6. This file is closed.

7. I so order.

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