[2025] KEHC 9865 (KLR)
The court found that the summons for transfer was merited because the petitioner had cited a stranger to the estate, and there was no opposition to the application despite proper service. The interests of justice required that the lower court file be transferred to the High Court for proper hearing and...
Source-derived case information.
- Citation
- [2025] KEHC 9865 (KLR)
- Parties
- Applicant: Evans Wanjala; Respondent: Halima Hassan Mohamed
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 372 ‘B’ of 2010
- Procedural Posture
- Succession Cause / Ruling on Summons for Transfer of Lower Court File
- Outcome
- Application allowed; lower court file transferred to High Court Bungoma.
- Judges
- MS Shariff
- Legal Topics
- Probate and Administration, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Evans Wanjala
Applicant
Halima Hassan Mohamed
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Transfer of Lower Court File
Legal Issues
- 1 Whether the summons for transfer of the lower court succession file to the High Court is merited.
- 2 Whether the petitioner cited a stranger to the estate of the deceased.
Ratio Decidendi
The court found that the summons for transfer was merited because the petitioner had cited a stranger to the estate, and there was no opposition to the application despite proper service. The interests of justice required that the lower court file be transferred to the High Court for proper hearing and determination. The court exercised its discretion to allow the application, noting the absence of any contest and the demonstrated procedural propriety.
Court Disposition
Application allowed; lower court file transferred to High Court Bungoma.
Orders
- The Lower court file Number Bungoma Chief Magistrate’s court Succession Cause No. 100 of 2019 is transferred to High Court Bungoma for hearing and determination.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Hassan Mohammed (Deceased) (Succession Cause 372 ‘B’ of 2010) [2025] KEHC 9865 (KLR) (7 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9865 (KLR)
Republic of Kenya
In the High Court at Bungoma
Succession Cause 372 ‘B’ of 2010
MS Shariff, J
July 7, 2025
IN THE MATTER OF THE ESTATE OF HASSAN MOHAMMED - DECEASED.
Between
Evans Wanjala
Citor
and
Halima Hassan Mohamed
Citee
Ruling
1. I have considered the summons dated 19th June 2025 filed by Halima Hassan Mohammed, the affidavit in support thereof and I do note that the same has not been opposed albeit served upon Evans Wanjala as demonstrated by the affidavit of service sworn by Moriasi Moses Kaosa on 20th June 2025, I do find that the same is well merited given that the Petitioner cited a stranger to the estate of the deceased.
2. I hereby order that the Lower court file Number Bungoma Chief Magistrate’s court Succession Cause No. 100 of 2019 be transferred to High Court Bungoma for hearing and determination.
3. It is hereby so ordered.
DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 7TH DAY OF JULY 2025. M.S. SHARIFFJUDGE