[2018] KEHC 5011 (KLR)
The court found that the subject property and all parties are located in Nyandarua County, within the jurisdiction of the High Court at Nyahururu. Since the High Court at Nyahururu is now operational, and hearing the matter there would reduce costs and enhance access to justice without prejudicing any party, it is...
Source-derived case information.
- Citation
- [2018] KEHC 5011 (KLR)
- Parties
- Applicant: Stephen Kiguo Muthotho; Applicant: Jackson Kariuki Muthotho; Respondent: Maina Wambugu Richard
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 539 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Legal Topics
- Transfer of Suit, Territorial Jurisdiction, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kiguo Muthotho
Applicant
Jackson Kariuki Muthotho
Applicant
Maina Wambugu Richard
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Succession Cause should be transferred from the High Court at Nakuru to the High Court at Nyahururu.
- 2 Whether the transfer would prejudice any party.
Ratio Decidendi
The court found that the subject property and all parties are located in Nyandarua County, within the jurisdiction of the High Court at Nyahururu. Since the High Court at Nyahururu is now operational, and hearing the matter there would reduce costs and enhance access to justice without prejudicing any party, it is fair and just to transfer the matter. The application for transfer was therefore allowed.
Court Disposition
application allowed
Orders
- This matter is hereby transferred to the High Court sitting at Nyahururu for hearing and disposal.
- The Deputy Registrar of this Court to facilitate the movement of the file.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NUMBER 539 OF 2011
IN THE MATTER OF THE ESTATE OFMUTHOTHO KAMAU GATHATWA (DECEASED)
STEPHEN KIGUO MUTHOTHO
JACKSON KARIUKI MUTHOTHO.......................APPLICANTS
VERSUS
MAINA WAMBUGU RICHARD........................... RESPONDENT
RULING
1. The application before Court is for a transfer of this matter being High Court Succession Cause Number 539 of 2011 from the High Court sitting in Nakuru to the High Court sitting in Nyahururu. It is prayed that costs be in the cause.
2. The application is premised on the affidavit of Stephen Kiguo Muthotho and Jackson Kariuki Muthotho.
3. The mainstay of the application is that at the time when the suit was filed at the High Court sitting at Nakuru, the High Court at Nyahururu had not been established. There is now a High Court at Nyahururu. The suit land forming part of the deceased estate is situate at Olkalou within Nyandarua County. All the beneficiaries reside at Olkalou and thus the parties would save on travel costs.
4. It is averred that no prejudice will be occasioned on the part of the Respondent in the event that the matter is transferred.
5. I have considered the application and the supporting affidavit.
6. I note that what is pending in this matter is the summons for confirmation of grant dated 5/7/2016.
7. The subject property is situate in Nyandarua County. The parties reside in Nyandarua County.
8. In order to enhance access to justice and to mitigate on the parties expenses, it is only fair and just that this matter be transferred to the Court within whose territorial jurisdiction the subject matter is situate and where the parties reside.
9. Consequently, I allow the application dated 18/1/2018.
10. ORDERS
1. This matter is hereby transferred to the High court sitting at Nyahururu for hearing and disposal.
2. The Deputy Registrar of this Court to facilitate the movement of the file.
3. Parties to take a mention date before the presiding Judge Nyahururu.
4. Costs in the cause.
Dated and Signed at Nakuru this 26th day of July, 2018.
A. K. NDUNG’U
JUDGE