[2017] KEHC 8209 (KLR)
The court found that both succession causes related to the same estate and that the deceased was domiciled in Nyeri, with the bulk of the estate located there. The Nyeri cause was more advanced, having a confirmed grant, while the Nairobi cause was yet to be confirmed. To avoid duplication and conflicting decisions,...
Source-derived case information.
- Citation
- [2017] KEHC 8209 (KLR)
- Parties
- Applicant: Regina Wairimu Gitahi; Respondent: Elizabeth Wairimu Baru; Respondent: Felix Gitahi Muriithi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2506 of 2008
- Procedural Posture
- Succession Cause / Ruling on Consolidation and Transfer of Causes
- Outcome
- Application for consolidation and transfer granted.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Grant Confirmation, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regina Wairimu Gitahi
Applicant
Elizabeth Wairimu Baru
Respondent
Felix Gitahi Muriithi
Respondent
Procedural Posture
Succession Cause / Ruling on Consolidation and Transfer of Causes
Legal Issues
- 1 Whether the two succession causes relating to the estate of George Mureithi Gitahi should be consolidated.
- 2 Which court should have jurisdiction over the consolidated matter.
- 3 Whether the lead file should be the Nyeri cause or the Nairobi cause.
Ratio Decidendi
The court found that both succession causes related to the same estate and that the deceased was domiciled in Nyeri, with the bulk of the estate located there. The Nyeri cause was more advanced, having a confirmed grant, while the Nairobi cause was yet to be confirmed. To avoid duplication and conflicting decisions, the court ordered consolidation of the two causes, designated the Nyeri cause as the lead file, and transferred the matter to the High Court at Nyeri for final disposal. The decision was guided by the need for efficient administration of justice and proper jurisdiction over the estate.
Court Disposition
Application for consolidation and transfer granted.
Orders
- The two succession causes are consolidated.
- The lead file shall be Nyeri HCSC No. 1334 of 2011.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2506 OF 2008
IN THE MATTER OF THE ESTATE OF GEORGE MUREITHI GITAHI (DECEASED)
RULING
1. The cause herein relates to the estate of George Mureithi Gitahi who died on 25th August 2006. Representation was obtained herein on 24th March 2009 by Regina Wairimu Gitahi, a sister of the deceased, who listed her mother and her siblings as the survivors of the deceased.
2. Another cause was filed at Nyeri in Nyeri HCSC No. 1334 of 2011, where representation was granted to Elizabeth Wairimu Baru and Felix Gitahi Muriithi, the deceased’s alleged widow and son, respectively, and where the petitioners listed themselves and four others as the survivors of the deceased.
3. An application was filed herein on 15th September 2014 by the administrator in the Nyeri cause seeking that the Nyeri cause be called for and subsequently consolidated with the instant one, that administrator in the instant cause renders accounts and that the grant in the Nyeri cause be revoked.
4. Although there are affidavits of service attesting to service of the said application on the respondent, the administrator herein is yet to respond to the said application.
5. The file in the Nyeri cause was called for and availed. I have perused it and noted that the grant therein was confirmed on 8th March 2013. The grant in the instant cause is yet to be confirmed.
6. have noted from both files that the deceased hailed from Murundu-ini in Nyeri County, which place is where the deceased died. It was the Chief of Muhito Location, Mukurwe-ini, Nyeri who introduced the administrator to the Nyeri court by a letter dated 13th December 2011. I have also noted that the bulk of the estate is situated within Nyeri from the documents availed.
7. In view of the above I shall make orders as follows-
(a) That the two causes herein are hereby consolidated;
(b) That as the Nyeri cause is way ahead of the Nairobi cause on account of it having been confirmed; the lead file shall be Nyeri HCSC NO. 1334 of 2011; and
(c) That the matter shall be transferred to the High Court of Kenya at Nyeri for final disposal.
DATED, SIGNED and DELIVERED at NAIROBI this 20TH DAY OF JANUARY, 2017.
W. MUSYOKA
JUDGE