In re Estate of Silvanus Wambogo Wamboga (Deceased) [2024] KEHC 70 (KLR)

In re Estate of Silvanus Wambogo Wamboga (Deceased) (Miscellaneous Succession Cause E003 of 2024) [2024] KEHC 70 (KLR) (15 January 2024) (Ruling)

Neutral citation: [2024] KEHC 70 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause E003 of 2024

RE Aburili, J

January 15, 2024

Between

Margaret Wadhala

Applicant

and

Dalamea Wamboga

Respondent

and

Peter Owino Anino

Interested Party

Ruling

1. This is a 1999 Succession Cause which was determined vide Ruling of June 20, 2001 and certificate of confirmation of grant issued on June 21, 2001.

2. The Ruling of June 20, 2001 also allowed the applicant leave to appeal. No appeal was filed.

3. From the documents annexed to the application, the applicant attempted to file a citation at Siaya Chief Magistrate’s Court vide Siaya Chief Magistrate Succession Cause No. E379 of 2021 which was dismissed as shown by the attached Ruling which is dated December 16, 2023.

4. The parties and estate of the deceased Silvanus Wambogo Wamboga are domiciled in Siaya County.

5. I hereby direct that this file and the original HC Succession Cause No. 111 of 1999 be transferred to Siaya High Court for hearing and final determination.

6. From this end, the two files are now closed.

7. Ruling to be typed.

8. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF JANUARY, 2024R. E. ABURILIJUDGE