[2025] KEELC 3867 (KLR)

[2025] KEELC 3867 (KLR)

The court found that the dispute at hand is fundamentally a succession matter concerning the distribution of the estate of the late Mbita Mbogori. The plaintiffs' grievances arise from their exclusion from the distribution of the estate, which was effected through a certificate of confirmation of grant issued by the...

Source-derived case information.

Citation
[2025] KEELC 3867 (KLR)
Parties
Plaintiff: Margaret Gatakaa Bitah; Plaintiff: Joyce Ciambaka Bita; Plaintiff: Doris Kagendo Bita; Plaintiff: Violet Njeri Bita; Defendant: Patson Gitari Bita; Defendant: Hudson Kinyua Bita; Defendant: Peter Murithi Gitari
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Judgment Date
24 April 2025
Case Number
Environment & Land Case E010 of 2024
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Outcome
Suit struck out for want of jurisdiction; preliminary objection upheld.
Judges
BM Eboso
Legal Topics
Jurisdiction of Court, Succession Disputes, Fraudulent Concealment, Customary Trust, Striking Out Suit
Source Language
english
Land and Property Civil Procedure Jurisdiction of Court Succession Disputes Fraudulent Concealment Customary Trust Striking Out Suit

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Summary, issues, holding and outcome

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Parties

Margaret Gatakaa Bitah

Plaintiff

Joyce Ciambaka Bita

Plaintiff

Doris Kagendo Bita

Plaintiff

Violet Njeri Bita

Plaintiff

Patson Gitari Bita

Defendant

Hudson Kinyua Bita

Defendant

Peter Murithi Gitari

Defendant

Procedural Posture

Preliminary Objection / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the dominant issue in this dispute relates to succession of the estate of the late Mbita Mbogori.
  2. 2 Whether the Environment and Land Court has jurisdiction to adjudicate the dispute or if it lies exclusively with the succession court.

Ratio Decidendi

The court found that the dispute at hand is fundamentally a succession matter concerning the distribution of the estate of the late Mbita Mbogori. The plaintiffs' grievances arise from their exclusion from the distribution of the estate, which was effected through a certificate of confirmation of grant issued by the succession court. The Environment and Land Court lacks jurisdiction to revisit or annul succession orders or to adjudicate disputes that are properly within the purview of the probate court. The proper forum for the plaintiffs to seek redress is the succession court that handled the estate of the late Mbita Mbogori. Accordingly, the preliminary objection was upheld, and the...

Court Disposition

Suit struck out for want of jurisdiction; preliminary objection upheld.

Orders

  • The preliminary objection dated 15/1/2025 is upheld.
  • The suit is struck out for want of jurisdiction.