[2025] KEHC 10028 (KLR)
The court found that the applicant had used the incorrect procedure by filing a notice of motion instead of a petition for a special limited grant, as required under the Law of Succession Act and the Probate and Administration Rules. Furthermore, the court determined that the High Court at Nairobi lacked...
Source-derived case information.
- Citation
- [2025] KEHC 10028 (KLR)
- Parties
- Applicant: Emma Awino Otieno
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration E011 of 2025
- Procedural Posture
- Probate and Administration / Ruling on Preliminary Application for Special Limited Grant and Venue
- Outcome
- file transferred for want of jurisdiction
- Judges
- H Namisi
- Legal Topics
- Succession Procedure, Jurisdiction of Court, Limited Grants, Domicile of Deceased
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emma Awino Otieno
Applicant
Procedural Posture
Probate and Administration / Ruling on Preliminary Application for Special Limited Grant and Venue
Legal Issues
- 1 Whether the applicant used the correct procedure in moving the court for a special limited grant.
- 2 Whether the High Court at Nairobi is the proper forum given the deceased's domicile.
Ratio Decidendi
The court found that the applicant had used the incorrect procedure by filing a notice of motion instead of a petition for a special limited grant, as required under the Law of Succession Act and the Probate and Administration Rules. Furthermore, the court determined that the High Court at Nairobi lacked jurisdiction to hear the matter because the deceased was domiciled in Mombasa at the time of death. The proper forum for the administration of the estate is therefore the High Court at Mombasa. Consequently, the court ordered the transfer of the file to the appropriate court for determination.
Court Disposition
file transferred for want of jurisdiction
Orders
- This file is transferred to the High Court of Kenya at Mombasa for hearing and determination.
- The Deputy Registrar is directed to facilitate the expeditious movement of the file.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Dennis Oduor Otieno (Deceased) (Probate & Administration E011 of 2025) [2025] KEHC 10028 (KLR) (Family) (11 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10028 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Probate & Administration E011 of 2025
H Namisi, J
July 11, 2025
IN THE MATTER OF THE ESTATE OF DENNIS ODUOR OTIENO (DECEASED)
In the matter of
Emma Awino Otieno
Applicant
Ruling
1. Before the Court is a Notice of Motion dated 23 May 2025, brought under the provisions of section 1A, 1B, 3A of the Civil Procedure Act, section 47 and 54 of the Law of Succession Act and Rule 36 and 73 of the Probate and Administration Rules.
2. A reading of the orders sought by the Applicant reveals that the Applicant ought to have moved the Court by way of a Petition for Special Limited Grant and not Notice of Motion.
3. Further, I have perused the Petition for Letters of Administration Intestate. I note that the Deceased was domiciled in Mombasa at the time of his demise. The list of assets provided does not lend much information as to their location, that would then justify filing of this matter in Nairobi.
4. For that reason, based on the domicile of the Deceased, this matter ought to be heard and determined by the High Court of Kenya at Mombasa. I hereby direct that this file be transferred to the High Court of Kenya at Mombasa. The DR is directed to facilitate the expeditious movement of the same.
DATED AND DELIVERED AT NAIROBI THIS 11 DAY OF JULY 2025HELENE R. NAMISIJUDGEDelivered on virtual platform in the presence of:Applicant: Ms. Kubai h/b Mr OyattaLibertine Achieng ......Court Assistant