Ngugi v Ngugi [2025] KEHC 4720 (KLR)

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