[2012] KEHC 3271 (KLR)
The court found that the applicant had presented genuine grounds for the transfer of the succession cause, specifically that he believed the Subordinate Court had jurisdiction at the time of filing. There being no opposition or contrary evidence, the High Court exercised its discretion to allow the withdrawal and...
Source-derived case information.
- Citation
- [2012] KEHC 3271 (KLR)
- Parties
- Applicant: Fredrick Ndegwa Gitahi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 16 of 2012
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for Transfer of Succession Cause
- Outcome
- Application allowed.
- Judges
- JK Sergon
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Ndegwa Gitahi
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Transfer of Succession Cause
Legal Issues
- 1 Whether the High Court should withdraw and transfer Nyeri Senior Resident Magistrate’s Succession Cause No.158 of 1987 for hearing and determination.
- 2 Whether the Subordinate Court had jurisdiction to hear and determine the succession matter.
Ratio Decidendi
The court found that the applicant had presented genuine grounds for the transfer of the succession cause, specifically that he believed the Subordinate Court had jurisdiction at the time of filing. There being no opposition or contrary evidence, the High Court exercised its discretion to allow the withdrawal and transfer of the matter to itself for hearing and determination. The court emphasized the importance of matters being heard by a court with proper jurisdiction and found no reason to deny the application.
Court Disposition
Application allowed.
Orders
- Nyeri Senior Resident Magistrate’s Succession Cause No.158 of 1987 is withdrawn and transferred to the High Court at Nyeri for hearing and determination.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NYERI
MISCELLANEOUS SUCCESSION CAUSE 16 OF 2012
IN THE MATTER OF THE ESTATE OF GITAHI GAKERE alias ZAKARIA GITAHI GAKERE – DECEASED
A N D
FREDRICK NDEGWA GITAHI.......................................................................................................APPLICANT
R U L I N G
In the Motion dated 23rd April 2012, Fredrick Ndegwa Gitahi sought to have Nyeri Senior Resident Magistrate’s Succession Cause No.158 of 1987 to be withdrawn and transferred to this Court for hearing and determination. The motion is supported by the affidavit of Fredrick Ndegwa Gitahi.
I have considered the material placed before me and I think the Applicant has put forward genuine grounds in support of his application. He has stated that at the time of filing the cause before the Subordinate Court, he believed the aforesaid Court had jurisdiction to hear and determine succession matters. There is no contrary averment to controvert the Applicant’s assertion. In the circumstances, I am constrained to allow the motion which I hereby do with costs being in the cause.
Dated and delivered this 8th day of June 2012.
..................................................
J. K. SERGON
JUDGE