[2024] KEHC 6916 (KLR)
The court found that the value of the estate, as per the November 2023 valuation, exceeded KES 20,000,000, which is above the pecuniary jurisdiction of the magistrate's court under Section 48(1) of the Law of Succession Act. Consequently, the grant issued and confirmed in Nyeri CMCC E261 of 2021 was revoked for want...
Source-derived case information.
- Citation
- [2024] KEHC 6916 (KLR)
- Parties
- Applicant: James Gicheru Kariuki; Respondent: Geoffrey Muchiri Wanjohi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application E005 of 2023
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Application for Revocation and Transfer of Grant
- Outcome
- Grant revoked and matter transferred to High Court; estate preserved; parties to file full list of beneficiaries; each party to bear own costs.
- Judges
- DKN Magare
- Legal Topics
- Revocation of Grant, Jurisdiction of Court, Estate Preservation, Beneficiary Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Gicheru Kariuki
Applicant
Geoffrey Muchiri Wanjohi
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Application for Revocation and Transfer of Grant
Legal Issues
- 1 Whether the grant issued and confirmed in Nyeri CMCC E261 of 2021 should be revoked due to the value of the estate exceeding the pecuniary jurisdiction of the magistrate's court.
- 2 Whether the succession cause should be transferred to the High Court for hearing and determination.
- 3 Whether the estate properties should be preserved pending determination of the petition.
Ratio Decidendi
The court found that the value of the estate, as per the November 2023 valuation, exceeded KES 20,000,000, which is above the pecuniary jurisdiction of the magistrate's court under Section 48(1) of the Law of Succession Act. Consequently, the grant issued and confirmed in Nyeri CMCC E261 of 2021 was revoked for want of jurisdiction. The court further held that the succession cause should be transferred to the High Court for hearing and determination. To safeguard the estate, the court ordered preservation of all estate properties and directed that any property already transferred be reverted to the estate pending the outcome of the petition. The court also noted the omission of the estate...
Court Disposition
Grant revoked and matter transferred to High Court; estate preserved; parties to file full list of beneficiaries; each party to bear own costs.
Orders
- The Grant issued and confirmed in Nyeri CMCC E261 of 2021 is revoked.
- Nyeri CM P&A E261 of 2021 is transferred to the High Court for hearing and determination.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Leah Wanjiku Wanjohi (Deceased) (Miscellaneous Succession Application E005 of 2023) [2024] KEHC 6916 (KLR) (5 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6916 (KLR)
Republic of Kenya
In the High Court at Nyeri
Miscellaneous Succession Application E005 of 2023
DKN Magare, J
June 5, 2024
Between
James Gicheru Kariuki
Applicant
and
Geoffrey Muchiri Wanjohi
Respondent
Ruling
1. The Grant issued and confirmed in Nyeri CMCC E261 of 2021 be and is hereby revoked. This is due to the subject matter being over and above 20,000,000/=. The subject matter of the estate as per the valuation dated November 2023.
2. Consequently Nyeri CM P&A E261 of 2021 is transferred to this court for hearing and determination.
3. I direct that all the properties of the estate be preserved until the hearing and determination of the transferred petition.
4. It is also noted that the estate of the late Lucy Gathoni Kamau (deceased) was left out. In the circumstances the parties should file a full list of all beneficiaries to the deceased herein.
5. Prayer 6 of the Amended Summons is allowed to the extent that the deceased’s property that may have been transferred be reverted to the estate of the deceased and be registered as such pending succession. All bank accounts do remain untouched until determination of the petition. The Manager KCB, Nyeri Branch do file in court a statement of account for account number 1151107034 by 25/6/2024.
6. The transferred petition shall be mentioned for directions on 26/6/2024 before me for further directions. Meanwhile the administrators so appointed in the revoked grant shall be administrators for purpose of preserving the estate until 26/6/2024 or such other date when the court shall appoint substantive administrators.
7. Each party shall bear their own costs.
8. This file is closed.
Dated, Signed and Delivered at Nyeri on this 5th day of June, 2024. KIZITO MAGAREJUDGEIn the presence of:-Mr. Lawrence for the AppellantMr. Kimunya for the RespondentMs. Mary Makori for Interested PartiesCourt Assistant – JedidahNYERI HC.P&A MISC.APPL. NO. E005 OF 2023 Page 2 | 2