[2016] KEHC 7484 (KLR)

[2016] KEHC 7484 (KLR)

The court found that the deceased's last place of residence and the substantial portion of his estate were in Kakamega County, and that most beneficiaries also resided there. The respondent's residence in Nairobi was not sufficient to justify Nairobi as the forum. The interests of justice, convenience of the parties, and the location of the estate all pointed to Kakamega as the appropriate forum. The court also held that the question of who qualifies as a beneficiary, including the applicant's status as a widow, would be determined by the court hearing the substantive dispute. The application for transfer was therefore allowed, and the cause ordered transferred to the High Court at...

Citation
[2016] KEHC 7484 (KLR)
Parties
Applicant: D D M; Respondent: R E E
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 February 2016
Case Number
Succession Cause 1490 of 2015
Procedural Posture
Succession Cause / Ruling on Application for Transfer of Cause
Outcome
application allowed
Judges
AO Muchelule, DN Musyoka
Legal Topics
Succession and Administration, Forum Conveniens, Beneficiary Determination, Intestate Estate, Transfer of Proceedings
Source Language
English
Family and Children Civil Procedure Succession and Administration Forum Conveniens Beneficiary Determination Intestate Estate Transfer of Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

D D M

Applicant

R E E

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Transfer of Cause

Legal Issues

  1. 1 Whether the Succession Cause should be transferred from the High Court at Nairobi to the High Court at Kakamega for hearing and disposal.
  2. 2 Whether the applicant has capacity to petition for grant as a widow or beneficiary of the deceased.
  3. 3 What is the appropriate forum for the determination of the dispute regarding the estate of the deceased.

Ratio Decidendi

The court found that the deceased's last place of residence and the substantial portion of his estate were in Kakamega County, and that most beneficiaries also resided there. The respondent's residence in Nairobi was not sufficient to justify Nairobi as the forum. The interests of justice, convenience of the parties, and the location of the estate all pointed to Kakamega as the appropriate forum. The court also held that the question of who qualifies as a beneficiary, including the applicant's status as a widow, would be determined by the court hearing the substantive dispute. The application for transfer was therefore allowed, and the cause ordered transferred to the High Court at...

Court Disposition

application allowed

Orders

  • This High Court Succession Cause No. [particulars withheld] of 2015 at Nairobi is transferred to the High Court at Kakamega to be consolidated with Succession Cause No. [particulars withheld] of 2015.
  • No order as to costs.