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|Case Number:||Succession Cause 71 of 2019|
|Parties:||In re Estate of Henry Wambiji (Deceased)|
|Date Delivered:||16 Dec 2021|
|Court:||High Court at Kitale|
|Judge(s):||Luka Kiprotich Kimaru|
|Citation:||In re Estate of Henry Wambiji (Deceased)  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
SUCCESSION CAUSE NO. 71 OF 2019
IN THE MATTER OF THE ESTATE OF THE LATE HENRY WAMBIJI – DECEASED
CECELIA MULONGO ............................1ST OBJECTOR/APPLICANT
SHEILA CHEBIWOT ..............................2ND OBJECTOR/APPLICANT
MARIA ANGELA WAMBIJI................1ST PETITIONER/RESPONDENT
NINA NAWANJAIYA WAMBIJI .........2ND PETITIONER/RESPONDENT
Henry Wambiji Waudo, the deceased to whose estate these proceedings relate died on 23rd March 2018. A petition for a grant of letters of administration intestate was filed before the Kitale Chief Magistrate’s Court in Succession Cause No. 84 of 2018. Among the properties listed as comprising the estate of the deceased are LR Nos Cherengani/Nzoia Block 4/Crossway/6 measuring 33.52 Hectares and Nakuru Municipality/Block 3/3/378 measuring 0.0367 Hectares. On the face of it, prima facie, it appears that the Succession Cause was filed before a court which did not have jurisdiction to grant letters of administration in respect of the estate of the deceased. This is because the values of the above properties, when considered alone, is beyond the pecuniary jurisdiction of the Chief Magistrate’s Court which is Kshs 20,000,000/=.
In the premises therefore, so as to hear and determine all the matters in dispute, Kitale Chief Magistrate’s Court Succession Cause No. 84 of 2018 is ordered transferred to the High Court for hearing and final disposal. The Deputy Registrar of the court is ordered to give effect to the order of this court. Parties shall be at liberty to file appropriate applications before this court. There shall be no orders as to costs as this is a Succession dispute involving members of a family.
DATED AT KITALE THIS 16TH DAY OF DECEMBER, 2021.