[2025] KEHC 4720 (KLR)
The court found that the applicant had demonstrated, through affidavit evidence and annexures, that the value of the deceased's estate exceeded the pecuniary jurisdiction of the Kikuyu Law Courts. As the respondent neither filed a response nor appeared in court despite proper service, the application was unopposed....
Source-derived case information.
- Citation
- [2025] KEHC 4720 (KLR)
- Parties
- Applicant: Joseph Njuguna Ngugi; Respondent: Hellen Mbutu Ngugi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E012 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Notice of Motion for Transfer of Succession Cause
- Outcome
- application allowed as prayed
- Judges
- DO Chepkwony
- Legal Topics
- Transfer of Succession Cause, Pecuniary Jurisdiction, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Njuguna Ngugi
Applicant
Hellen Mbutu Ngugi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Notice of Motion for Transfer of Succession Cause
Legal Issues
- 1 Whether Succession Cause No.58 of 2018 should be transferred from Kikuyu Law Courts to the High Court of Kenya at Kiambu due to pecuniary jurisdiction.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant had demonstrated, through affidavit evidence and annexures, that the value of the deceased's estate exceeded the pecuniary jurisdiction of the Kikuyu Law Courts. As the respondent neither filed a response nor appeared in court despite proper service, the application was unopposed. The court held that, in the absence of any challenge, and given the statutory requirement that matters exceeding the lower court's jurisdiction be heard by the High Court, the application for transfer was merited. The court therefore allowed the transfer of Succession Cause No.58 of 2018 to the High Court at Kiambu and ordered that costs be in the cause.
Court Disposition
application allowed as prayed
Orders
- Succession Cause No.58 of 2018 is transferred from Kikuyu Law Courts to the High Court of Kenya at Kiambu.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
Ngugi v Ngugi (Miscellaneous Application E012 of 2025) [2025] KEHC 4720 (KLR) (27 March 2025) (Ruling)
Neutral citation: [2025] KEHC 4720 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E012 of 2025
DO Chepkwony, J
March 27, 2025
Between
Joseph Njuguna Ngugi
Applicant
and
Hellen Mbutu Ngugi
Respondent
Ruling
1. The matter is scheduled for inter-parties hearing of the Notice of Motion application dated 6th March, 2025. However, the Respondent has not filed any response or attended court despite having been served with the application, directions and hearing Notice on 20th March, 2025 as evidenced by the Affidavit of Service dated on even date.
2. In the said Notice of Motion application, the Applicant has sought for orders that:-a.That an order of transfer of Succession Cause No.58 of 2018 from Kikuyu Law Courts to High Court of Kenya at Kiambu.b.Costs of this application be provided for.
3. The gist of this application as set out on its face and Supporting Affidavit sworn by Joseph Njuguna Ngugi is that the Estate of the Deceased surpasses the pecuniary jurisdiction of the lower court for the reason that the Deceased’s Estate value exceeds the sum of Kshs.20,000,000/=. It is further supposed by an annexure enumerating the Deceased’s assets estimated at Kshs.30,000,000. 00.
4. There being no response, or attendance by the Respondent and or counsel, the application stands unchallenged.
5. In the circumstances, the Notice of Motion application dated 6th March, 2025 is allowed as prayed in the following terms:-a.The Succession Cause No.58 of 2018 be transferred from Kikuyu Law Courts to High Court of Kenya at Kiambu.b.Costs of the application to be in the cause.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 27TH DAY OF MARCH, 2025. D. O. CHEPKWONYJUDGEIn the presence of:M/S Kinyanjui counsel for the ApplicantNo appearance for and by the RespondentCourt Assistant - Martin