[2012] KEHC 3270 (KLR)
The court found that the applicant had presented genuine grounds for the withdrawal and transfer of the succession cause from the Subordinate Court to the High Court. The applicant's belief in the Subordinate Court's jurisdiction at the time of filing was not challenged by any contrary evidence or averment. In the...
Source-derived case information.
- Citation
- [2012] KEHC 3270 (KLR)
- Parties
- Applicant: Fredrick Ndegwa Gitahi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 16 of 2012
- Procedural Posture
- Succession Cause / Ruling on Motion to Transfer and Withdraw Lower Court Succession Cause
- Outcome
- motion allowed
- Judges
- JK Sergon
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Succession Matters
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Ndegwa Gitahi
Applicant
Procedural Posture
Succession Cause / Ruling on Motion to Transfer and Withdraw Lower Court 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 withdrawal and transfer of the succession cause from the Subordinate Court to the High Court. The applicant's belief in the Subordinate Court's jurisdiction at the time of filing was not challenged by any contrary evidence or averment. In the absence of opposition and given the need for the matter to be heard by a court with proper jurisdiction, the court allowed the motion as prayed, with costs in the cause.
Court Disposition
motion allowed
Orders
- Nyeri Senior Resident Magistrate’s Succession Cause No.158 of 1987 is withdrawn and transferred to the High Court for hearing and determination.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NYERI
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