[2024] KEHC 8159 (KLR)
The court found that the application to transfer the succession cause to the High Court at Ol Kalou lacked merit, especially as the applicant himself no longer insisted on the transfer and expressed willingness to have the matter concluded in Nakuru. The court emphasized its inherent jurisdiction to ensure the...
Source-derived case information.
- Citation
- [2024] KEHC 8159 (KLR)
- Parties
- Applicant: Peter Njoroge Chege; Respondent: Jacinta Njeri Chege
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 373 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application to Transfer File
- Outcome
- Application dismissed; succession cause to proceed in Nakuru High Court.
- Judges
- SM Mohochi
- Legal Topics
- Succession, Grant of Representation, Transfer of Cause, Administration of Estate
- 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
Peter Njoroge Chege
Applicant
Jacinta Njeri Chege
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Transfer File
Legal Issues
- 1 Whether the succession cause should be transferred to the High Court at Ol Kalou for further proceedings.
- 2 Whether the administration of the estate can be concluded in the current court at Nakuru.
- 3 Whether the administrators have complied with the confirmed grant regarding transmission of the estate property.
Ratio Decidendi
The court found that the application to transfer the succession cause to the High Court at Ol Kalou lacked merit, especially as the applicant himself no longer insisted on the transfer and expressed willingness to have the matter concluded in Nakuru. The court emphasized its inherent jurisdiction to ensure the proper administration of the estate and noted the prolonged delay in transmission of the estate property since the confirmation of grant in 2010. The court ruled that the probate and administration process should be concluded in the current court and directed the administrators to provide an affidavit on the status of transmission within thirty days, and granted liberty to apply for...
Court Disposition
Application dismissed; succession cause to proceed in Nakuru High Court.
Orders
- The Notice of Motion Application dated 20th February, 2024 is dismissed for want of merit.
- Probate and administration to be concluded in Nakuru High Court.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Simon James Chege (Deceased) (Succession Cause 373 of 2008) [2024] KEHC 8159 (KLR) (9 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8159 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 373 of 2008
SM Mohochi, J
July 9, 2024
IN THE MATTER OF THE ESTATE OF SIMON JAMES CHEGE (DECEASED)
In the matter of
Peter Njoroge Chege
Applicant
Ruling
1. The deceased herein died intestate on 30th December, 2006 and left behind a widow and fourteen (14) children. Grant of representation was made to Jacinta Njeri Chege and Peter Njoroge Chege with Certificate of Confirmation of Grant issued on 8th December, 2010.
2. The Applicant moved Court vide Notice of Motion Application dated 20th February, 2024 brought under Sections 18, 1, 1B and 3A of the Civil Procedure Act, seeking that the Honourable Court be pleased to Order that the above file be transferred to Nyandarua High Court at Kalou for an application of verification of grant.
3. The Application is premised on the grounds on its face and on the supporting affidavit sworn by the Applicant. He avers that he is the 2nd Administrator and that the cause of action arose at Ol Kalou in Nyandarua County. That at the time of filing the succession cause, the Court at Ol Kalou did not exist then. That the grant was issued in this cause but transmission did not take place as one of the administrators passed away on 22nd August 2021. That the Court in Ol Kalou is now vested with jurisdiction and hence the filing of the instant application.
4. The Applicant in his submissions filed on 15th May, 2024 submitted that 1st Administrator their mother had been ill for a prolonged period and thus were not able to complete the transmission. That he was advised to make a request for transfer through an application.
5. The Applicant nevertheless argued that it was not his preference to transfer the file to Nyandarua High Court and strongly believed the same can be concluded before this Court. He argued that the Nyandarua High Court has had challenges in admitting files that were previously filed in Nyahururu High Court and request that the matter be heard before this Court.
Analysis and Determination 6. While this is an Application to transfer this sixteen (16) year old succession to the new High Court Registry at Ol Kalau the Applicant did shift his position midstream urging that he is comfortable in his cause being concluded in this Court.
7. The Notice of Motion Application dated 20th February, 2024 is accordingly dismissed for want of merit.
8. This Court accordingly rules that the Probate and Administration shall be concluded here without the need to transfer this matter elsewhere.
9. The Court notes that, the Applicant is a Co-Administrator and since 8th of December 2010 when the Grant was confirmed it would appear no transmissions have been undertaken.
10. This Court equally notes the insinuation by the Applicant that the Transfer sought was to facilitate filing of a summons for rectification of grant.
11. In light of the Above and in exercise of its inherent jurisdiction, this Court directs the Administrators to file within the next thirty (30) days, an affidavit, indicating the status of transmission of the property commonly known as Nyandarua/Upper Gilgil/318 to respective beneficiaries.
12. The Applicant is at liberty to file within the next thirty (30) days, an Application for rectification of grant.It is so Ordered.
DATED, SIGNED AND DELIVERED AT NAKURU ON THIS 9TH DAY OF JULY 2024. ...............................Mohochi S.M.Judge