[2021] KEHC 1316 (KLR)
The court found that the value of the estate properties listed in the succession cause exceeded the pecuniary jurisdiction of the Chief Magistrate's Court, which is capped at Kshs 20,000,000. As such, the proceedings before the subordinate court were improperly instituted. To ensure that the matter is heard and...
Source-derived case information.
- Citation
- [2021] KEHC 1316 (KLR)
- Parties
- Applicant: Cecelia Mulongo; Applicant: Sheila Chebiwot; Respondent: Maria Angela Wambiji; Respondent: Nina Nawanjaiya Wambiji
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 71 of 2019
- Procedural Posture
- Succession Cause / Ruling on Jurisdiction and Transfer of Proceedings
- Outcome
- Succession cause transferred to the High Court for hearing and final disposal.
- Judges
- LK Kimaru
- Legal Topics
- Succession Jurisdiction, Pecuniary Limits, 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
Cecelia Mulongo
Applicant
Sheila Chebiwot
Applicant
Maria Angela Wambiji
Respondent
Nina Nawanjaiya Wambiji
Respondent
Procedural Posture
Succession Cause / Ruling on Jurisdiction and Transfer of Proceedings
Legal Issues
- 1 Whether the Chief Magistrate's Court had jurisdiction to hear and determine the succession cause given the value of the estate properties.
- 2 Whether the proceedings should be transferred to the High Court for hearing and final disposal.
Ratio Decidendi
The court found that the value of the estate properties listed in the succession cause exceeded the pecuniary jurisdiction of the Chief Magistrate's Court, which is capped at Kshs 20,000,000. As such, the proceedings before the subordinate court were improperly instituted. To ensure that the matter is heard and determined by a court with competent jurisdiction, the court ordered the transfer of Kitale Chief Magistrate’s Court Succession Cause No. 84 of 2018 to the High Court for hearing and final disposal. The court further directed the Deputy Registrar to give effect to this order and allowed parties to file appropriate applications before the High Court. No order as to costs was made,...
Court Disposition
Succession cause transferred to the High Court for hearing and final disposal.
Orders
- Kitale Chief Magistrate’s Court Succession Cause No. 84 of 2018 is transferred to the High Court for hearing and final disposal.
- The Deputy Registrar is ordered to give effect to this order.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
SUCCESSION CAUSE NO. 71 OF 2019
IN THE MATTER OF THE ESTATE OF THE LATE HENRY WAMBIJI – DECEASED
CECELIA MULONGO ............................1ST OBJECTOR/APPLICANT
SHEILA CHEBIWOT ..............................2ND OBJECTOR/APPLICANT
VERSUS
MARIA ANGELA WAMBIJI................1ST PETITIONER/RESPONDENT
NINA NAWANJAIYA WAMBIJI .........2ND PETITIONER/RESPONDENT
RULING
Henry Wambiji Waudo, the deceased to whose estate these proceedings relate died on 23rd March 2018. A petition for a grant of letters of administration intestate was filed before the Kitale Chief Magistrate’s Court in Succession Cause No. 84 of 2018. Among the properties listed as comprising the estate of the deceased are LR Nos Cherengani/Nzoia Block 4/Crossway/6 measuring 33. 52 Hectares and Nakuru Municipality/Block 3/3/378 measuring 0. 0367 Hectares. On the face of it, prima facie, it appears that the Succession Cause was filed before a court which did not have jurisdiction to grant letters of administration in respect of the estate of the deceased. This is because the values of the above properties, when considered alone, is beyond the pecuniary jurisdiction of the Chief Magistrate’s Court which is Kshs 20,000,000/=.
In the premises therefore, so as to hear and determine all the matters in dispute, Kitale Chief Magistrate’s Court Succession Cause No. 84 of 2018 is ordered transferred to the High Court for hearing and final disposal. The Deputy Registrar of the court is ordered to give effect to the order of this court. Parties shall be at liberty to file appropriate applications before this court. There shall be no orders as to costs as this is a Succession dispute involving members of a family.
DATED AT KITALE THIS 16TH DAY OF DECEMBER, 2021.
L. KIMARU
JUDGE