RULING
1. This file relates to the estate of the late Chandrakaint Shamjibhai Gheewala whose Succession process is being undertaken under Nairobi High Court Succession Cause No.264 of 1994.
2. The assets that are being litigated in this suit are either direct assets of the deceased or assets held in companies that the deceased had shares.
3. In view of the above, the Court is not clear on who the actual owner of the properties in the litigation will be at the end of the Succession.
4. Consequently, the Court is of the considered view that this litigation has a high chance of interfering with the ownership of the assets which are still under Succession.
5. For that reason, the Court hereby directs that the Application dated 5.03.2026 and the entire suit be transferred to the Judge handling the Nairobi High Court Succession Case No.264 of 1994 for hearing and determination and/or other direction.
6. In the event the Succession Court is of the view that there is an element which has to be dealt with by the Environment and Land Court, then it can do so by way of a ruling and the file can be returned for further action.
7. In conclusion, this file is hereby transferred to the Hon. Judge handling Nairobi High Court Succession No.264 of 1994.
8. The file will be mentioned on 17.06.2026 before the Presiding Judge of the Nairobi Family Division to give the appropriate direction.
9. The Deputy Registrar Environment and Land Court is directed to ensure the file is transferred to the Presiding Judge Family Division Nairobi within the next seven (7) days from today’s date.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Ms. Kale holding brief for Mr. Nyaga for the Plaintiff
Defendant: Mr. Ogutu for the 1st Defendant
Mr. Mathai for the 2nd Defendant (N/A)
Mr. Mbogori for the 1st -3rd Interested Party
| ELC.E013 of 2023 RULING2 |