[2025] KEHC 5256 (KLR)
The court found that since both the estate and the beneficiaries are resident in Voi, it is just and convenient to transfer the succession cause from Wundanyi Law Courts to Voi Law Courts. The transfer would facilitate the efficient administration of the estate and serve the interests of justice. There being no...
Source-derived case information.
- Citation
- [2025] KEHC 5256 (KLR)
- Parties
- Applicant: Peter Mwandaga Mwandomi also known as Peter Mwandaga Mwanjomi
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application E003 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Application for Transfer of Succession Cause
- Outcome
- Application allowed; succession cause transferred to Voi Law Courts; file marked as closed.
- Judges
- AN Ongeri
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mwandaga Mwandomi also known as Peter Mwandaga Mwanjomi
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Application for Transfer of Succession Cause
Legal Issues
- 1 Whether Wundanyi Succession Cause No. E035 of 2024 should be transferred from Wundanyi Law Courts to Voi Law Courts for disposal.
- 2 Whether the location of the estate and residence of beneficiaries justifies the transfer of the succession cause.
Ratio Decidendi
The court found that since both the estate and the beneficiaries are resident in Voi, it is just and convenient to transfer the succession cause from Wundanyi Law Courts to Voi Law Courts. The transfer would facilitate the efficient administration of the estate and serve the interests of justice. There being no opposition to the application, and the reasons advanced being sound, the application was allowed. The file was ordered closed after the transfer order was made.
Court Disposition
Application allowed; succession cause transferred to Voi Law Courts; file marked as closed.
Orders
- Wundanyi Succession Case No. E035 of 2024 is transferred to Voi Law Courts for disposal.
- This file is marked as closed.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Patrick Michael Msagha a.k.a Michael Kitai (Deceased) (Miscellaneous Succession Application E003 of 2025) [2025] KEHC 5256 (KLR) (19 March 2025) (Ruling)
Neutral citation: [2025] KEHC 5256 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Succession Application E003 of 2025
AN Ongeri, J
March 19, 2025
In the matter of
Peter Mwandaga Mwandomi also known as Peter Mwandaga Mwanjomi
Applicant
Ruling
1. The application dated 14th January 2025 seeking transfer of Wundanyi Succession Cause No. E035 of 2024 from Wundanyi Law Courts to Voi Law Courts is allowed.
2. Wundanyi Succession Case No. E035 of 2024 be and is hereby transferred to Voi Law Courts for disposal for reasons that the estate and the beneficiaries reside in Voi.
3. This file be and is hereby marked as closed.
DATED, SIGNED AND DELIVERED THIS 19TH MARCH 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistants: Maina/MillicentNo appearance by the Applicant