[2022] KEHC 11000 (KLR)
The court held that it lacked jurisdiction to hear and determine the objection, as the dispute essentially concerned land ownership, which is the exclusive preserve of the Environment and Land Court. Since there was a pending suit (ELC No. 127/2019 (OS)) on the same subject matter, the court found it just and proper...
Source-derived case information.
- Citation
- [2022] KEHC 11000 (KLR)
- Parties
- Applicant: Francis Shitenye; Applicant: Susan Mukabi; Respondent: Stanley Kidaha Mukunza
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 125 of 1994
- Procedural Posture
- Succession Cause / Ruling on Objection to Confirmation of Grant and Jurisdiction
- Outcome
- Objection not heard; matter deferred to Environment and Land Court; status quo preserved.
- Judges
- PJO Otieno
- Legal Topics
- Jurisdiction of Court, Confirmation of Grant, Status Quo Orders, Pending Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Shitenye
Applicant
Susan Mukabi
Applicant
Stanley Kidaha Mukunza
Respondent
Procedural Posture
Succession Cause / Ruling on Objection to Confirmation of Grant and Jurisdiction
Legal Issues
- 1 Does the High Court have jurisdiction to determine an objection relating to land ownership when there is a pending suit before the Environment and Land Court?.
- 2 Should the objection to the confirmation of grant be heard in the succession cause or deferred to the Environment and Land Court?.
- 3 Is it appropriate to preserve the status quo pending determination of the land dispute in the ELC?.
Ratio Decidendi
The court held that it lacked jurisdiction to hear and determine the objection, as the dispute essentially concerned land ownership, which is the exclusive preserve of the Environment and Land Court. Since there was a pending suit (ELC No. 127/2019 (OS)) on the same subject matter, the court found it just and proper to defer the determination of the objection to the ELC. To prevent further disputes and preserve the integrity of the estate, the court ordered that the status quo on the ground as of the date of the ruling be maintained pending the outcome of the ELC proceedings. The matter was set for mention to confirm progress at the ELC.
Court Disposition
Objection not heard; matter deferred to Environment and Land Court; status quo preserved.
Orders
- The objection is not heard and is deferred to the pending ELC No. 127/2019 (OS).
- Status quo on the ground as of 30th June 2022 is preserved pending determination of the ELC suit.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Daudi Mukolwe (Deceased) (Succession Cause 125 of 1994) [2022] KEHC 11000 (KLR) (30 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11000 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 125 of 1994
PJO Otieno, J
June 30, 2022
Between
Francis Shitenye
1st Petitioner
Susan Mukabi
2nd Petitioner
and
Stanley Kidaha Mukunza
Objector
Ruling
1. Now that it is apparent that confirmation was indeed effected way back in 2017 but land is yet to be subdivided in accordance with the Certificate of Confirmation of Grant, and it being common ground that there is pending ELC No. 127/2019 (OS) where the title or ownership of the land is in dispute, the court takes the view that the just thing to do is not to purport to hear the objection which is essentially claim to land.
2. The court considers the objection to be outside its jurisdiction and that purporting to hear and determine it shall be an abrogation of jurisdiction. I do find that it doesn’t lie here and parties must restrict its determination to the pending O.S. at the Environment and Land Court.
3. However in order that further disputes are not encouraged to crop up, it is directed that the status quo on the ground as of today preserved pending the determination of the O.S.
4. Mention on 8/11/2022 to confirm the progress made at the Environment and Land Court (ELC).
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 30TH DAY OF JUNE 2022. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Kadenyi for the RespondentsMr. Mulama for the Objector/ApplicantCourt Assistant: Kulubi