[2025] KEHC 3322 (KLR)
The court found that since the estate in question is situated within the jurisdiction of the High Court at Thika, and there being no objection to the application, it is appropriate and in the interests of justice to transfer the succession cause to the High Court at Thika for further determination. The transfer...
Source-derived case information.
- Citation
- [2025] KEHC 3322 (KLR)
- Parties
- Applicant: Benjamin Wambugu; Respondent: Helen Wanja Kirumba
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1441 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- Judges
- HK Chemitei
- Legal Topics
- Estate Administration, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benjamin Wambugu
Applicant
Helen Wanja Kirumba
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the High Court at Thika for determination.
- 2 Whether there is any objection to the transfer of the matter.
Ratio Decidendi
The court found that since the estate in question is situated within the jurisdiction of the High Court at Thika, and there being no objection to the application, it is appropriate and in the interests of justice to transfer the succession cause to the High Court at Thika for further determination. The transfer would ensure that the matter is heard in the proper forum, aligning with statutory requirements and judicial efficiency.
Court Disposition
Application for transfer of proceedings granted.
Orders
- The succession cause is transferred to the High Court at Thika for further determination and/or directions as prayed in the application.
- Costs in the cause.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of the Late Kirumba Mugochi (Deceased) (Succession Cause 1441 of 2011) [2025] KEHC 3322 (KLR) (Family) (20 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3322 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1441 of 2011
HK Chemitei, J
March 20, 2025
IN THE MATTER OF THE ESTATE OF THE LATE KIRUMBA MUGOCHI (DECEASED)
Ruling
1. In the application dated 20th May 2024 filed by the counsel on record and supported by his sworn affidavit, Benjamin Wambugu on behalf of the estate has deponed that this matter ought to be transferred to Thika High Court for determination.
2. That Helen Wanja Kirumba who was a sole beneficiary and now deceased had petitioned the court through an appellate process and that is why this matter was brought before this court. Now that there is a high court in Thika this matter ought to be transferred there because the estate is situate therein.
3. As there is no objection to the same this cause is hereby transferred to the High Court at Thika for further determination and or directions as prayed in the application.
4. Costs in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 20THDAY OF MARCH 2025. H K CHEMITEIJUDGE