[2017] KEHC 1001 (KLR)
The court determined that, in the interests of justice and efficient case management, all pending applications in the succession cause should be disposed of simultaneously by way of written submissions to be filed within thirty days. Furthermore, since all the estate assets are located in Kiambu and Nakuru Counties...
Source-derived case information.
- Citation
- [2017] KEHC 1001 (KLR)
- Parties
- MISSING: Jared Kimithi Gathiaka (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 446 of 2011
- Procedural Posture
- Succession Cause / Ruling on Case Management and Transfer
- Outcome
- Pending applications to be disposed of by written submissions; matter transferred to High Court at Kiambu.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Estate Administration, Jurisdiction, Case Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Kimithi Gathiaka (Deceased)
MISSING
Procedural Posture
Succession Cause / Ruling on Case Management and Transfer
Legal Issues
- 1 Whether pending applications in the succession cause should be disposed of simultaneously.
- 2 Whether the High Court at Nairobi has jurisdiction given the location of the estate assets and the residence of the survivors.
- 3 Whether the matter should be transferred to the High Court at Kiambu for final disposal.
Ratio Decidendi
The court determined that, in the interests of justice and efficient case management, all pending applications in the succession cause should be disposed of simultaneously by way of written submissions to be filed within thirty days. Furthermore, since all the estate assets are located in Kiambu and Nakuru Counties and the survivors reside in Kiambu County, the Nairobi High Court lacks territorial nexus to the matter. Accordingly, the court ordered the transfer of the succession cause to the High Court at Kiambu for final disposal, ensuring that the matter is heard in the appropriate jurisdiction.
Court Disposition
Pending applications to be disposed of by written submissions; matter transferred to High Court at Kiambu.
Orders
- Parties to file written submissions on all pending applications within thirty (30) days.
- Matter to be mentioned thereafter for compliance and further directions.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 446 OF 2011
IN THE MATTER OF THE ESTATE OF JARED KIMITHI GATHIAKA (DECEASED)
RULING
1. I have perused the entire record. I believe justice would be done if all the pending applications are disposed of simultaneously. I shall accordingly direct the parties to prepare and file in court written submissions on the said applications. The said submissions shall be filed in court within thirty (30) days of date hereof. Matter shall be mentioned thereafter for compliance and further directions.
2. For avoidance of doubt the said applications are dated 22nd April 2014, 15th June 2015, 15th February 2016, 29th February 2016, 22nd March 2016 and 7th February 2017, .
3. I notice that the estate comprises of assets situated within Kiambu and Nakuru Counties. None of the assets are situated within Nairobi County. The survivors are residents of Kikuyu within Kiambu County. The matter shall accordingly be transferred to the High Court of Kenya at Kiambu for final disposal.
DATED, SIGNED and DELIVERED at NAIROBI this 8TH DAY OF DECEMBER, 2017.
W. MUSYOKA
JUDGE