[2021] KEHC 5685 (KLR)
The court found that both succession causes concern the same estate of the deceased, David Chege Jason, but were filed by different petitioners in different courts. The Family Division at Milimani Law Courts declined to proceed with its cause due to the existence of the Kiambu cause. To prevent conflicting orders...
Source-derived case information.
- Citation
- [2021] KEHC 5685 (KLR)
- Parties
- Applicant: Mary Wambui Njoroge; Respondent: Agatha Gathoni Chege
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E139 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Application for Transfer and Consolidation of Succession Causes
- Outcome
- Application allowed. Succession Cause No. 973 of 2017 transferred and consolidated with Kiambu High Court Succession Cause No. 139 of 2017.
- Judges
- MM Kasango
- Legal Topics
- Succession Proceedings, Estate Administration, Case Transfer, Consolidation of Causes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wambui Njoroge
Applicant
Agatha Gathoni Chege
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Transfer and Consolidation of Succession Causes
Legal Issues
- 1 Whether Succession Cause No. 973 of 2017 should be transferred from Milimani Law Courts Family Division to the High Court at Kiambu.
- 2 Whether the two succession causes relating to the same estate should be consolidated.
Ratio Decidendi
The court found that both succession causes concern the same estate of the deceased, David Chege Jason, but were filed by different petitioners in different courts. The Family Division at Milimani Law Courts declined to proceed with its cause due to the existence of the Kiambu cause. To prevent conflicting orders and promote the efficient administration of justice, the court determined it was necessary to transfer Succession Cause No. 973 of 2017 to the High Court at Kiambu and consolidate it with Succession Cause No. 139 of 2017. This consolidation would ensure all matters relating to the estate are determined in a single forum, thereby avoiding duplication and confusion. The court...
Court Disposition
Application allowed. Succession Cause No. 973 of 2017 transferred and consolidated with Kiambu High Court Succession Cause No. 139 of 2017.
Orders
- Succession Cause No. 973 of 2017 at Milimani Law Courts Family Division is transferred to the High Court at Kiambu.
- Succession Cause No. 973 of 2017 is consolidated with Kiambu High Court Succession Cause No. 139 of 2017.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CIVIL APPEAL NO. E139 OF 2017
IN THE MATTER OF THE ESTATE OF DAVID CHEGE JASON (DECEASED)
RULING
1. MARY WAMBUI NJOROGE one of the administrators of this estate has prayed through the Notice of Motion application dated 14th December, 2020 for the transfer of Succession NO. 973 of 2017 from Milimiani Law Courts – Family Division to this Court and to be consolidated with this Succession cause.
2. The two succession causes relate to the same estate, although the petitioners are different. The Family Division has declined to issue orders in the succession cause before it because of the existence of this cause. It is in the interest of justice to have that succession cause before the Family Division to be brought to this Court.
DISPOSITION
3. The Succession Cause No. 973 of 2017 at Milimani Law Courts Family Division hereby transferred to this Court and it is hereby consolidated with Kiambu High Court Succession Cause NO. 139 of 2017. There shall be no orders as to costs.
RULING DATED, SIGNED AND DELIVERED AT KIAMBU THIS 1ST DAY OF JULY, 2021.
MARY KASANGO
JUDGE
Coram:
C/A : Kevin
For Mary Wambui Njoroge Mr. Gachie
For Agatha Gathoni Chege Mr. Wangira
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE