In re Estate of Zakaria Lweya (Deceased) [2024] KEHC 10582 (KLR)

In re Estate of Zakaria Lweya (Deceased) (Miscellaneous Succession Cause 187 of 2024) [2024] KEHC 10582 (KLR) (4 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10582 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause 187 of 2024

RE Aburili, J

September 4, 2024

IN THE MATTER OF THE ESTATE OF ZAKARIA LWEYA (DECEASED)

AND

IN THE MATTER OF AN APPLICATION BY HEZEKIA OTIENO LWEYA [PETITIONER]

(From Original Kisumu Chief Magistrate’s Succession Cause No. E606 of 2023)

Ruling

1. The deceased Zakaria Lweya was, according to the Chief’s letter dated 27/6/2023, a resident of South Central Seme Location. The estate property comprises Kisumu/Kombewa/1941, which is within the jurisdiction of Maseno SPM’s court. All the beneficiaries are known to the area Chief.

2. The file was availed to the court by the CM’s Court, Kisumu, for transfer to the court with the geographical jurisdiction.

3. I hereby transfer Kisumu Chief Magistrate Succession Cause No. E06 of 2023 to Maseno SPM’s Court for hearing and final determination.

4. The original Kisumu CM Succession No. E606 of 2023 to be transmitted to Maseno SPM’s court together with this order.

5. Upon receipt of the file and order, SPM Maseno Law Courts to promptly notify the parties using the addresses given and or through the area Chief to move the court and prosecute the succession cause.

6. This file is closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 4THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE