[2025] KEHC 8915 (KLR)
The court found that since the applicant is the sole beneficiary of the estate and there is no opposition to the application, it is just and convenient to transfer Succession Cause No. E036 of 2024 from Wundanyi to Voi Chief Magistrate's Court. The transfer will facilitate easier access to justice for the applicant,...
Source-derived case information.
- Citation
- [2025] KEHC 8915 (KLR)
- Parties
- Applicant: Danson Munga Ngoyo
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application E002 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Application for Transfer of Succession Cause
- Outcome
- application allowed
- Judges
- AN Ongeri
- Legal Topics
- Succession Cause Transfer, Jurisdiction of Courts
- 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
Danson Munga Ngoyo
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Application for Transfer of Succession Cause
Legal Issues
- 1 Whether Succession Cause No. E036 of 2024 should be transferred from Wundanyi to Voi Chief Magistrate's Court for convenience of the applicant.
Ratio Decidendi
The court found that since the applicant is the sole beneficiary of the estate and there is no opposition to the application, it is just and convenient to transfer Succession Cause No. E036 of 2024 from Wundanyi to Voi Chief Magistrate's Court. The transfer will facilitate easier access to justice for the applicant, who resides in Voi. The court exercised its discretion under the Law of Succession Act and the Probate and Administration Rules to allow the application and ordered the transfer accordingly.
Court Disposition
application allowed
Orders
- Succession Cause No. E036 of 2024 is transferred from Wundanyi to Voi Chief Magistrate's Court for disposal.
- This file is marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Ngoyo Mwakidembo (Deceased) (Miscellaneous Succession Application E002 of 2025) [2025] KEHC 8915 (KLR) (4 March 2025) (Ruling)
Neutral citation: [2025] KEHC 8915 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Succession Application E002 of 2025
AN Ongeri, J
March 4, 2025
IN THE MATTER OF THE ESTATE OF NGOYO MWAKIDEMBO (DECEASED)
In the matter of
Danson Munga Ngoyo
Applicant
Ruling
1. The Applicant in the application dated 14. 1.2025 is seeking transfer of Wundanyi Succession Cause No. E036 of 2024 from Wundanyi to Voi Chief Magistrate’s Court for reasons that he resides in Voi.
2. The application is not opposed since the Applicant is the only beneficiary of the estate.
3. The same is allowed. Succession Cause No. E036 of 2024 be and is hereby transferred to Voi Chief Magistrate’s Court for disposal.
4. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 4TH DAY OF MARCH 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: Maina/MillicentDanson Munga Ngoyo