In re Estate of Nicholas Ongele alias Nicholas Alois Ongele

In re Estate of Nicholas Ongele alias Nicholas Alois Ongele (Deceased) (Miscellaneous Succession Cause 254 of 2024) [2024] KEHC 16584 (KLR) (9 December 2024) (Ruling) Neutral citation: [2024] KEHC 16584 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS SUCCESSION CAUSE 254 OF 2024 RE ABURILI, J DECEMBER 9, 2024 IN THE MATTER OF THE ESTATE OF NICHOLAS ONGELE ALIAS NICHOLAS ALOIS ONGELE (DECEASED) AND IN THE MATTER OF AN APPLICATION BY EBA AKINYI ONGELE - PETITIONER (Arising from Kisumu Chief Magistrate’s Court Succession No. E373 of 2024) RULING 1. The Petitioner Eba Akinyi Ongele sought for grant of letters of administration intestate to administer the estate of Jacob Nicholas Ongele alias Nicholas Alois Ongele (deceased) vide Kisumu CM Succession Cause No. E373 of 2024. 2. They paid full court fees for filing of the petition on 22nd November 2024. 3. However, the file was brought to this court by the Chief Magistrate’s court seeking for transfer of the Succession Cause to Winam SPM’s court on account that the deceased and beneficiaries hail from the geographical jurisdiction of Winam SPM’s court. 4. This is evidenced by the letter dated 21st December, 2023 by the Assistant Chief, Chiga Sub-location, introducing the estate, beneficiaries and assets. 5. For the above reason, I hereby transfer Kisumu CM Succession Cause No. E373 of 2024 to Winam Senior Principal Magistrate’s Court for hearing and determination. 6. The original Kisumu CM Succession No. E373 of 2024 to be transmitted to Winam SPM’s court via e-portal, with copy of this order being served upon the Petitioner notifying her of the transfer of the cause, by Winam court upon receipt of the transferred file. 7. This file is closed. 8. I so order. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16584/eng@2024-12-09 1

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