[2018] KEHC 4248 (KLR)
The court found that the property subject to the succession cause, as well as the family of the deceased and the respondent administrator, are all situated or resident within Kakamega County. There was no reasonable explanation for filing the cause at Bungoma law courts. The court held that, in accordance with the...
Source-derived case information.
- Citation
- [2018] KEHC 4248 (KLR)
- Parties
- Applicant: Grace Waluchio Shikhule; Respondent: Francis Okumu Otundo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 16 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Transfer of Suit, Jurisdiction, Succession Cause, Venue of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Waluchio Shikhule
Applicant
Francis Okumu Otundo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the succession cause should be transferred from Bungoma law courts to Kakamega law courts for final disposal.
- 2 Whether the Bungoma law courts have jurisdiction over a matter concerning property and parties resident in Kakamega County.
Ratio Decidendi
The court found that the property subject to the succession cause, as well as the family of the deceased and the respondent administrator, are all situated or resident within Kakamega County. There was no reasonable explanation for filing the cause at Bungoma law courts. The court held that, in accordance with the Probate and Administration Rules and the Civil Procedure Act, the proper venue for the matter is Kakamega law courts. Therefore, the application for transfer was allowed to ensure the matter is heard in the appropriate jurisdiction.
Court Disposition
application allowed
Orders
- Bungoma CMCSC No. 286 of 2016 is transferred to Kakamega law courts for final disposal.
- The applicant is awarded the costs of the application dated 13th March 2018.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISC. APPLICATION NO. 16 OF 2018
GRACE WALUCHIO SHIKHULE.......................APPLICANT
VERSUS
FRANCIS OKUMU OTUNDO..........................RESPONDENT
RULING
1. The originating Notice of Motion dated 13th March 2018 seeks the straightforward order of transfer of a succession cause filed at the Bungoma law courts, being Bungoma CMCSC No. 286 of 2016, to the Kakamega law courts for final disposal.
2. I have perused the record before me. The property in question, Butsotso/Esumeyia/1349, is situated within Kakamega County. The documents lodged in Bungoma CMCSC No. 286 of 2016 indicate that the family of the deceased is resident within Kakamega County. The respondent administrator himself has a Kakamega address.
3. I find no reason to explain the filing of the cause at Bungoma instead of Kakamega.
4. I shall accordingly allow the Motion dated 13th March 2018 as prayed. The applicant shall have the costs of the application dated 13th March 2018 as prayed. The applicant shall have the costs of the application.
DATED, SIGNED and DELIVERED at KAKMEGA this 25TH DAY OF SEPTEMBER, 2018.
W. MUSYOKA
JUDGE