[2014] KEHC 5229 (KLR)

[2014] KEHC 5229 (KLR)

The court found that the plaintiffs had established their status as the lawful administrators of the deceased's estate and that the deceased was the legal allottee of Plot No. 261 Gidea Settlement Scheme. The defendant's attempt to administer the estate was nullified by the High Court, and he had no legal basis to remain on or lease the land. The plaintiffs, as administrators, are entitled to exclusive possession and enjoyment of the suit property. The defendant's continued occupation and leasing of the land to third parties was unlawful. The court therefore declared the plaintiffs as the sole proprietors, ordered the eviction of the defendant and any persons claiming under him, and...

Citation
[2014] KEHC 5229 (KLR)
Parties
Plaintiff: Arube Atoot Ekudun alias Margaret Arupe Ekutut; Plaintiff: Rebecca Eregai; Defendant: Julius Lokusi Alimamoi
Court
High Court
Court Station
High Court at Kitale
Jurisdiction
Kenya
Judgment Date
14 May 2014
Case Number
Environment & Land Case 150 of 2013
Procedural Posture
Land Case / Judgment
Outcome
Judgment for the plaintiffs.
Judges
EO Obaga
Legal Topics
Succession of Land, Eviction Orders, Permanent Injunction, Administration of Estates
Source Language
English
Land and Property Succession of Land Eviction Orders Permanent Injunction Administration of Estates

Case Brief

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Parties

Arube Atoot Ekudun alias Margaret Arupe Ekutut

Plaintiff

Rebecca Eregai

Plaintiff

Julius Lokusi Alimamoi

Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiffs are the lawful administrators and proprietors of Plot No. 261 Gidea Settlement Scheme.
  2. 2 Whether the defendant has any legal right to occupy or lease the suit land.
  3. 3 Whether the plaintiffs are entitled to orders of eviction and permanent injunction against the defendant.

Ratio Decidendi

The court found that the plaintiffs had established their status as the lawful administrators of the deceased's estate and that the deceased was the legal allottee of Plot No. 261 Gidea Settlement Scheme. The defendant's attempt to administer the estate was nullified by the High Court, and he had no legal basis to remain on or lease the land. The plaintiffs, as administrators, are entitled to exclusive possession and enjoyment of the suit property. The defendant's continued occupation and leasing of the land to third parties was unlawful. The court therefore declared the plaintiffs as the sole proprietors, ordered the eviction of the defendant and any persons claiming under him, and...

Court Disposition

Judgment for the plaintiffs.

Orders

  • The plaintiffs are declared the sole proprietors of Plot No. 261 Gidea Settlement Scheme.
  • An order of eviction is issued against the defendant and any person claiming under him from the suit land.