In re Estate of Muthotho Kamau Gathatwa (Deceased) [2018] KEHC 5011 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

SUCCESSION CAUSE NUMBER 539 OF 2011

IN THE MATTER OF THE ESTATE OFMUTHOTHO KAMAU GATHATWA (DECEASED)

STEPHEN KIGUO MUTHOTHO

JACKSON KARIUKI MUTHOTHO.......................APPLICANTS

VERSUS

MAINA WAMBUGU RICHARD........................... RESPONDENT

RULING

1. The application before Court is for a transfer of this matter being High Court Succession Cause Number 539 of 2011 from the High Court sitting in Nakuru to the High Court sitting in Nyahururu.  It is prayed that costs be in the cause.

2. The application is premised on the affidavit of Stephen Kiguo Muthotho and Jackson Kariuki Muthotho.

3. The mainstay of the application is that at the time when the suit was filed at the High Court sitting at Nakuru, the High Court at Nyahururu had not been established.  There is now a High Court at Nyahururu.  The suit land forming part of the deceased estate is situate at Olkalou within Nyandarua County.  All the beneficiaries reside at Olkalou and thus the parties would save on travel costs.

4. It is averred that no prejudice will be occasioned on the part of the Respondent in the event that the matter is transferred.

5. I have considered the application and the supporting affidavit.

6. I note that what is pending in this matter is the summons for confirmation of grant dated 5/7/2016.

7. The subject property is situate in Nyandarua County.  The parties reside in Nyandarua County.

8. In order to enhance access to justice and to mitigate on the parties expenses, it is only fair and just that this matter be transferred to the Court within whose territorial jurisdiction the subject matter is situate and where the parties reside.

9. Consequently, I allow the application dated 18/1/2018.

10. ORDERS

1. This matter is hereby transferred to the High court sitting at Nyahururu for hearing and disposal.

2. The Deputy Registrar of this Court to facilitate the movement of the file.

3. Parties to take a mention date before the presiding Judge Nyahururu.

4. Costs in the cause.

Dated and Signed at Nakuru this 26th day of July, 2018.

A. K. NDUNG’U

JUDGE