[2024] KEHC 7218 (KLR)
The court found that since the deceased was from and buried in Nanyuki, most of his properties are located there, and the beneficiaries reside there, it is appropriate and convenient for the matter to be transferred to the Chief Magistrate’s Court at Nanyuki. The respondents did not object to the transfer, and the...
Source-derived case information.
- Citation
- [2024] KEHC 7218 (KLR)
- Parties
- Applicant: Esther Nyokabi Magondu; Respondent: George Karani Magondu; Respondent: James Mwaniki Magondu
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E015 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Transfer of Suit
- Outcome
- application allowed
- Judges
- DO Chepkwony
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Nyokabi Magondu
Applicant
George Karani Magondu
Respondent
James Mwaniki Magondu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Transfer of Suit
Legal Issues
- 1 Whether the suit Kimbo SPMCC No.269 of 2023 should be transferred from the Chief Magistrate’s Court at Kiambu to the Chief Magistrate’s Court at Nanyuki for hearing and determination.
Ratio Decidendi
The court found that since the deceased was from and buried in Nanyuki, most of his properties are located there, and the beneficiaries reside there, it is appropriate and convenient for the matter to be transferred to the Chief Magistrate’s Court at Nanyuki. The respondents did not object to the transfer, and the interests of justice and convenience of parties support the application. Therefore, the application for transfer was allowed.
Court Disposition
application allowed
Orders
- Kiambu SPMCC No.289 of 2023, In The Matter of The Estate of James Magondu Kariuki (Deceased) is transferred to the Chief Magistrate’s Court at Nanyuki for hearing and determination.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Magondu v Magondu & another (Miscellaneous Application E015 of 2023) [2024] KEHC 7218 (KLR) (15 May 2024) (Ruling)
Neutral citation: [2024] KEHC 7218 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E015 of 2023
DO Chepkwony, J
May 15, 2024
Between
Esther Nyokabi Magondu
Applicant
and
George Karani Magondu
1st Respondent
James Mwaniki Magondu
2nd Respondent
Ruling
1. The matter is for mention for parties to file directions on the Notice of Motion application dated 7th August, 2023, which seeks for an order for the transferring of Kimbo SPMCC No.269 of 2023, In The Matter of The Estate of James Kariuki (Deceased) currently pending before the Chief Magistrate’s Court at Kiambu to the Chief Magistrate’s Court at Nanyuki for hearing and determination.
2. The same is premised on the grounds set out on its face and Supporting Affidavit sworn by Esther Nyokabi Magondu on even date, the gist of it being that the deceased who died on 16th October, 1999 hailed from and was buried in Nanyuki where most of his properties are located and the beneficiaries of his estate reside.
3. In response to this application, the Respondents through the 1st Respondent George Karani Magondu filed a Replying Affidavit sworn on 9th October, 2023 denying all these claims by the Applicant.
4. However, the 1st Respondent has indicated that because the matter has been dragging for long, they have no objection to the application being allowed as presented.
5. In view of this, the Notice of Motion application dated 7th August, 2023 be and is hereby allowed in the following terms:-a.That Kiambu Spmcc. No.289 of 2023, In The Matter of The Estate of James Magondu Kariuki (Deceased) currently pending before the Chief Magistrate’s Court at Kiambu be and is hereby transferred to the Chief Magistrate’s Court at Nanyuki for hearing and determination.b.There shall be no order as to costs.It is so ordered.
RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 15TH DAY OF MAY, 2024. D. O. CHEPKWONYJUDGE