[2020] KEELC 3096 (KLR)

[2020] KEELC 3096 (KLR)

The court held that it lacked jurisdiction to determine whether land parcel NANDI/KAPKERER/279 forms part of the estate of Simeon Kiptum Choge, as this issue had already been adjudicated in a succession cause where a confirmed grant had been issued in favor of the defendants. The plaintiffs had not succeeded in...

Source-derived case information.

Citation
[2020] KEELC 3096 (KLR)
Parties
Plaintiff: Eglyne Chepchirchir Choge; Plaintiff: Mirriam Arum Choge; Plaintiff: Christian Choge; Plaintiff: Joseph Ang’ang’a; Defendant: Singa Ham Edambo; Defendant: Wilson Omoke Edambo; Defendant: Aggrey Oyavo Edambo; Defendant: Albert Madete Edambo
Court
Environment and Land Court
Court Station
Environment and Land Court at Eldoret
Jurisdiction
Kenya
Case Number
Civil Suit 34 of 2018
Procedural Posture
Civil Suit / Judgment
Outcome
suit dismissed
Legal Topics
Succession Disputes, Land Title Registration, Jurisdiction of Court, Revocation of Grant
Source Language
en
Land and Property Civil Procedure Succession Disputes Land Title Registration Jurisdiction of Court Revocation of Grant

Source-derived case record

Summary, issues, holding and outcome

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Parties

Eglyne Chepchirchir Choge

Plaintiff

Mirriam Arum Choge

Plaintiff

Christian Choge

Plaintiff

Joseph Ang’ang’a

Plaintiff

Singa Ham Edambo

Defendant

Wilson Omoke Edambo

Defendant

Aggrey Oyavo Edambo

Defendant

Albert Madete Edambo

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the Environment and Land Court has jurisdiction to determine if land parcel NANDI/KAPKERER/279 forms part of the estate of Simeon Kiptum Choge.
  2. 2 Whether the plaintiffs are entitled to cancellation of the title held by the defendants and transfer of the land to the estate of Simeon Kiptum Choge.
  3. 3 Whether the orders sought by the plaintiffs can be granted in light of the existing confirmed grant from the Succession Cause.

Ratio Decidendi

The court held that it lacked jurisdiction to determine whether land parcel NANDI/KAPKERER/279 forms part of the estate of Simeon Kiptum Choge, as this issue had already been adjudicated in a succession cause where a confirmed grant had been issued in favor of the defendants. The plaintiffs had not succeeded in revoking or annulling the grant in the probate court, and any challenge to the title held by the defendants must be pursued through the mechanisms provided under the Law of Succession Act, specifically by seeking revocation or annulment of the grant. The Environment and Land Court cannot override a confirmed grant or cancel a title issued pursuant to such a grant without prior...

Court Disposition

suit dismissed

Orders

  • The plaintiffs' suit is dismissed for want of jurisdiction.
  • Costs awarded to the defendants.