[2024] KEHC 11623 (KLR)
The court found that the only asset of the deceased's estate is valued at Kshs. 50 million, which is beyond the monetary jurisdiction of the Chief Magistrate's Court. The Deputy Registrar's order closing the High Court file was therefore improper, as the High Court is the proper forum for determination of the...
Source-derived case information.
- Citation
- [2024] KEHC 11623 (KLR)
- Parties
- Applicant: Edward Wekesa Wateya; Applicant: David Wekesa Nyongesa Wateya; Respondent: Wilfred Soita
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E010 of 2024
- Procedural Posture
- Succession Cause / Ruling on Application to Review and Set Aside Closure Order, Transfer and Consolidate Related Cause
- Outcome
- Application allowed. Orders granted as prayed in prayers 2 and 3. Costs in the cause.
- Judges
- REA Ougo
- Legal Topics
- Review of Court Orders, Jurisdiction of Courts, Succession and Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Wekesa Wateya
Applicant
David Wekesa Nyongesa Wateya
Applicant
Wilfred Soita
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Review and Set Aside Closure Order, Transfer and Consolidate Related Cause
Legal Issues
- 1 Whether the High Court should review and set aside the Deputy Registrar's order closing Succession Cause E010 of 2024.
- 2 Whether Succession Cause No. E162 of 2024 should be transferred from the Chief Magistrate's Court and consolidated with this cause.
- 3 Whether the Chief Magistrate's Court has jurisdiction over an estate valued at Kshs. 50 million.
Ratio Decidendi
The court found that the only asset of the deceased's estate is valued at Kshs. 50 million, which is beyond the monetary jurisdiction of the Chief Magistrate's Court. The Deputy Registrar's order closing the High Court file was therefore improper, as the High Court is the proper forum for determination of the estate. The application to review and set aside the closure order was granted, and the related cause pending before the Chief Magistrate's Court was ordered to be transferred and consolidated with the present High Court cause. The court exercised its jurisdiction to ensure the matter is heard and determined by the appropriate court, in accordance with statutory limits and to avoid...
Court Disposition
Application allowed. Orders granted as prayed in prayers 2 and 3. Costs in the cause.
Orders
- The Deputy Registrar's order dated 12.6.2024 closing Succession Cause No. E010 of 2024 is set aside and the cause is reopened for hearing and determination in the High Court.
- Succession Cause No. E162 of 2024 is transferred from the Chief Magistrate's Court to the High Court and consolidated with E010 of 2024.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Wetaya Soita Nabuyoka alias Wanjeya Wambati alias Ayub Wateya Soita (Succession Cause E010 of 2024) [2024] KEHC 11623 (KLR) (24 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11623 (KLR)
Republic of Kenya
In the High Court at Bungoma
Succession Cause E010 of 2024
REA Ougo, J
September 24, 2024
IN THE MATTER OF THE ESTATE OF WETAYA SOITA NABUYOKA ALIAS WANJEYA WAMBATI ALIAS AYUB WATEYA SOITA …………………………………………..………………………...DECEASED
Between
Edward Wekesa Wateya
1st Petitioner
David Wekesa Nyongesa Wateya
2nd Petitioner
and
Wilfred Soita
Respondent
Ruling
1. Edward Wekesa Wateya and David Wekesa Nyongesa Wateya are the petitioners/applicants in this succession cause No. E010/2024. The respondent is Wilfred Soita.
2. In application dated 14. 6.2024 the applicants seek the following orders:i.Spentii.The court be pleased to review and set aside the orders issued on 12. 6.2024 by the Deputy Registrar closing this file and thereby order for reopening of this succession cause.iii.The court be pleased to order the withdrawal and transfer of Succession Cause No. E162 of 2024 (Estate of Wetaya Soita Nabuyoka alias Wanjeya Wambati laias Ayub Wateya Soita) filed in the Chief Magistrate’s court, Bungoma to be consolidated with this case.iv.The costs of this application be provided for.
3. The application wasn’t opposed. I have considered the application, supporting affidavit and oral submissions by the applicants counsel. The only asset of the deceased’s estate is valued at a sum of Kshs. 50 million. A valuation report was tendered in Court by the applicants which indicates that the property is worth Kshs.50 million. The said sum is beyond the monetary jurisdiction of the Chief Magistrate’s Court which is capped at Kshs.20 million
4. Prayer No. 2 is granted as follows; the Deputy Registrar’s order dated 12. 6.2024 closing Succession Cause No. E010 of 2024 is hereby set aside and the said Cause is hereby reopened for hearing and determination in the High Court..
5. Prayer No. 3 too is granted as follows, Succession Cause No. E 162 OF 2024 shall be transferred to the High Court and will be consolidated with E010 OF 2024.
6. Costs shall be in the cause.
DATED, SIGNED ANDDELIVERED AT BUNGOMA THIS24THDAY OF SEPTEMBER, 2024. R.E. OUGOJUDGEIn the presence of:Mr. Saul Wasilwa - For the ApplicantRespondent - AbsentWilkister C/A