1. Before is the Notice of Motion dated 19th July 2024 vide which the Applicant seeks to have this Court transfer a matter which was previously before the Court below (and which was withdrawn), to this Court so that he can file a Petition for grant of probate of the written will of the deceased;
2. The Applicant contends that he has been unable to file the Petition as the entry number of the death certificate of the deceased was used to file the succession cause in the lower Court. For that reason he seeks to have the said cause transfered to this Court so that he can do so.
3. I have considered the said application, the supporting affidavit and the documents attached thereto. I am satisfied that the application has merit and that it is one that should be allowed. Consequently, I hereby order that Mombasa Succession Cause No. E322 of 2021 be transferred to this honourable Court forthwith for hearing and determination.
4. I make no orders as to costs. This file is to be closed forthwith.
5. Orders accordingly.