[2014] KEHC 7260 (KLR)
The court found that all three pending causes relate to the estate of the same deceased individual, and that it is proper and convenient for them to be heard in the same registry, regardless of whether they are based on testate or intestate succession. The deceased's property is located in Nairobi, making Nairobi...
Source-derived case information.
- Citation
- [2014] KEHC 7260 (KLR)
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 612 of 2011
- Procedural Posture
- Succession Application / Ruling on Application for Transfer and Consolidation of Causes
- Outcome
- Application for transfer granted.
- Judges
- DN Musyoka
- Legal Topics
- Succession Proceedings, Transfer of Cause, Consolidation of Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Succession Application / Ruling on Application for Transfer and Consolidation of Causes
Legal Issues
- 1 Whether the Nyeri succession cause should be transferred to Nairobi for consolidation with other pending causes relating to the same estate.
- 2 Whether it is appropriate to have all matters concerning the estate of Karanja Kiragu heard in the same registry for convenience and judicial efficiency.
Ratio Decidendi
The court found that all three pending causes relate to the estate of the same deceased individual, and that it is proper and convenient for them to be heard in the same registry, regardless of whether they are based on testate or intestate succession. The deceased's property is located in Nairobi, making Nairobi the appropriate forum. The court exercised its discretion to transfer the Nyeri cause to Nairobi, so that all matters concerning the estate can be managed together, thereby promoting judicial efficiency and consistency in the administration of the estate.
Court Disposition
Application for transfer granted.
Orders
- The court file in Nyeri HCSC No. 375 of 2011 is to be transferred to the Nairobi registry.
- The transferred file shall be put together with Nairobi HCSC No. 612 of 2011 and Nairobi HCSC No. 1054 of 2011.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION NO. 612 OF 2011
IN THE MATTER OF THE ESTATE OF KARANJA KIRAGU – (DECEASED)
RULING
1. The application dated 1st September 2011 invites me to consider ordering transfer of Nyeri HCSC No. 375 of 2011 to the Nairobi registry for consolidation with Nairobi HCSC. 1054 of 2011. It is argued the that Nyeri cause was filed despite the pendency of the Nairobi cause.
2. The respondent swore an affidavit of 16th September 2011 in reply to the said application. He says that he became aware of the Nairobi proceedings after he had already filed his cause at Nyeri.
3. To my mind this is a straight forward matter. The three causes pending in court relate to the estate of the same individual. It does not matter that one relates to testate succession while the others are premised on intestacy. It is only right that all three be at the same registry, as the court before which they pend may wish to hear them simultaneously, even if no order for consolidation has been made.
4. From the Form P&A 5 filed in this cause, I note that the deceased died possessed of valuable property situated at Pangani and Bahati in Nairobi. It would be more convenient to hear the matter in Nairobi.
5. I hereby therefore order that the court file in Nyeri HCSC NO. 375 of 2011 be transferred to the Nairobiregistry where it shall be put together with Nairobi HCSC No. 612 of 2011 and Nairobi HCSC No. 1054 of 2011. Thereafter the matter shall be mentioned before any judge in the Family Division, Nairobi, for directions on their disposal.
6. Costs shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE