[2024] KEHC 12372 (KLR)
The court found that the application was unopposed and that there was sufficient cause to reinstate the succession cause and set aside the orders closing it. Given that the properties forming the estate are located in Western Kenya, the court determined that it was appropriate to transfer the matter to the Kakamega...
Source-derived case information.
- Citation
- [2024] KEHC 12372 (KLR)
- Parties
- Applicant: Amosi John Omerri; Respondent: Aireni Omerri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 251 of 2020
- Procedural Posture
- Succession Cause / Ruling on Application to Reinstate Cause and Transfer Venue
- Outcome
- Application allowed; cause reinstated; matter transferred to Kakamega High Court; costs in the cause.
- Judges
- HK Chemitei
- Legal Topics
- Succession, Letters of Administration, Reinstatement of Cause, Gazettement, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amosi John Omerri
Applicant
Aireni Omerri
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Reinstate Cause and Transfer Venue
Legal Issues
- 1 Whether the succession cause should be reinstated and the orders closing it set aside.
- 2 Whether service of process on the respondent should be effected by advertisement in the Daily Nation.
- 3 Whether the petition for grant of letters of administration should proceed and be advertised in the Kenya Gazette.
Ratio Decidendi
The court found that the application was unopposed and that there was sufficient cause to reinstate the succession cause and set aside the orders closing it. Given that the properties forming the estate are located in Western Kenya, the court determined that it was appropriate to transfer the matter to the Kakamega High Court, which has territorial jurisdiction. The court also noted that the dispute between the applicant and respondent, who are siblings, may be suitable for alternative dispute resolution after the appointment of an administrator. The orders sought regarding service by advertisement and gazettement were procedural and in line with succession practice. Costs were ordered to...
Court Disposition
Application allowed; cause reinstated; matter transferred to Kakamega High Court; costs in the cause.
Orders
- This cause is reopened and the orders closing it are set aside.
- This matter is hereby transferred to Kakamega High Court for further orders and directions.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Euphrasia Mary Nabwire Omerri alias Euphrasia Mary Nabwire (Deceased) (Succession Cause 251 of 2020) [2024] KEHC 12372 (KLR) (Family) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12372 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 251 of 2020
HK Chemitei, J
October 17, 2024
IN THE MATTER OF THE ESTATE OF EUPHRASIA MARY NABWIRE OMERRI alias EUPHRASIA MARY NABWIRE (DECEASED)
Between
Amosi John Omerri
Applicant
and
Aireni Omerri
Respondent
Ruling
1. This ruling relates to the application dated 23rd February, 2024 filed by the Applicant, Amosi John Omerri, seeking for orders that:-(a)Spent.(b)Service of this application and all court process taken out in this cause to be effected upon the Respondent Aireni Omerri by an advertisement in the Daily Nation’s Small Classified Advertisement.(c)This honourable court be pleased to reinstate this cause and to hear the petition for grant of letters of administration filed on 9th October, 2023. (d)The honourable court be pleased to direct that this petition be advertised in the Kenya Gazette.(e)The honourable court be pleased to direct that the necessary court fees for the filing of the petition and advertisement in the Kenya Gazette be assessed and paid by the petitioner/Applicant.(f)Costs of this application be in the cause.
2. The application is unopposed and there are no written submissions on record.
Analysis and Determination 3. I have gone through the application and the record herein. The application is not opposed. It however appears to me that the issue is between the Applicant and her sister which they may need to consider taking it up by way of ADR once the process of gazettement and appointment of an administrator is dealt with.
4. At the same time since the matter and in particular the properties left behind by the deceased are based in Western Kenya, I find it prudent that this matter be transferred to Kakamega High Court for determination.
5. Consequently, the application herein is allowed as hereunder:-(a)This cause is reopened and the orders closing it are set aside.(b)This matter is hereby transferred to Kakamega High Court for further orders and directions.(c)Costs in the cause
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 17THDAY OF OCTOBER 2024. H K CHEMITEIJUDGE