[2014] KEHC 7311 (KLR)
The court found that since the landed assets comprising the estate are located in Kangundo within Machakos County, and the High Court registry at Machakos covers this area, the succession cause ought to have been filed at the Machakos registry. There was no reason advanced to justify retaining the matter in Nairobi....
Source-derived case information.
- Citation
- [2014] KEHC 7311 (KLR)
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 754 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application for Transfer of Cause
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Probate and Administration, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Transfer of Cause
Legal Issues
- 1 Whether the succession cause should be transferred to the High Court registry at Machakos for hearing and determination.
- 2 Whether the location of the estate's assets justifies the transfer of the cause.
Ratio Decidendi
The court found that since the landed assets comprising the estate are located in Kangundo within Machakos County, and the High Court registry at Machakos covers this area, the succession cause ought to have been filed at the Machakos registry. There was no reason advanced to justify retaining the matter in Nairobi. Accordingly, the application for transfer was allowed to ensure the matter is heard in the proper forum, aligning with the principles of jurisdiction and convenience for parties and witnesses.
Court Disposition
application allowed
Orders
- The application dated 21st July 2012 is allowed.
- Succession Cause No. 754 of 2007 is transferred to the High Court registry at Machakos for hearing and determination of all pending issues.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 754 OF 2007
IN THE MATTER OF THE ESTATE OF BONNIE MUSYOKA MUITHI –(DECEASED)
RULING
1. The application dated 21st July 2012 seeks the transfer of this cause to the High Court registry at Machakos for the hearing and determination of all pending issues.
2. The landed assets which make up the estate are situated at Kangundo within the Machakos County, being Kangundo/Isinga/1648 and Plot No. 146B Kangundo Town.
3. The High Court registry at Machakos covers the Kangundo area. This cause ought to have been filed at the Machakos registry. There is no reason why it should not be transferred there.
4. I allow the application dated 21st July 2012. There will be no order as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE