[2019] KEHC 8265 (KLR)
The court found that the applicant had disclosed the fact that the land in question was transferred to Catherine Amoit Emukule and that if he did not have vacant possession at the time of transfer, he could not have given it. The court held that it was simplistic to argue that the applicant had no interest in the...
Source-derived case information.
- Citation
- [2019] KEHC 8265 (KLR)
- Parties
- Applicant: Jefta Osokayese Murunga; Respondent: Washington Itori Kirade; Respondent: Samuel Omukule Kirade; Respondent: Jacob Ipapo Kirade; Respondent: Leah Idionyi Kirade
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 36 of 2017
- Procedural Posture
- Miscellaneous Succession Application / Ruling
- Outcome
- Application allowed with orders.
- Legal Topics
- Succession Proceedings, Right to Inherit, Vacant Possession, Interest in Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jefta Osokayese Murunga
Applicant
Washington Itori Kirade
Respondent
Samuel Omukule Kirade
Respondent
Jacob Ipapo Kirade
Respondent
Leah Idionyi Kirade
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling
Legal Issues
- 1 Whether the applicant has an interest in land parcel number NORTH TESO/KOCHOLIA/13 forming part of the estate of the deceased.
- 2 Whether the respondents are obligated to file a succession cause in respect of the estate of David Kirande (deceased).
Ratio Decidendi
The court found that the applicant had disclosed the fact that the land in question was transferred to Catherine Amoit Emukule and that if he did not have vacant possession at the time of transfer, he could not have given it. The court held that it was simplistic to argue that the applicant had no interest in the land, given the existence of a valid court order in his favour. Consequently, the court ordered the respondents to file a succession cause in respect of the estate of David Kirande (deceased) within 60 days, failing which the applicant would be at liberty to do so.
Court Disposition
Application allowed with orders.
Orders
- Respondents to file a succession cause in respect of the estate of David Kirande (deceased) within 60 days.
- If respondents fail to file, the applicant is at liberty to do so.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
MISCELLANEOUS SUCCESSION APPLICATION NO. 36 OF 2017
IN THE MATTER OF THE ESTATE OF:JULIUS OKIRING KIRADE(DECEASED)
AND
IN THE MATTER OF:
JEFTA OSOKAYESE MURUNGA....................................APPLICANT
VERSUS
WASHINGTON ITORI KIRADE
SAMUEL OMUKULE KIRADE
JACOB IPAPO KIRADE
LEAH IDIONYI KIRADE...........................................RESPONDENTS
RULING
1. The applicant cited the four respondents whom he alleges have the right to inherit in the estate of David Kirade (deceased). In his citation he has contended that prior to the demise of the deceased David Kirade, he had a valid court order in his favour which required the deceased to give him vacant possession of land parcel number NORTH TESO/ KOCHOLIA/13. I have seen a copy of the said court order dated 28th July 2003.
2. The respondents in opposition to the applicant have contended that the applicant has no interest in the said parcel of land parcel number NORTH TESO/ KOCHOLIA/13. This, according to them is because it is in the name of Catherine Amoit Emukule.
3. The applicant had disclosed this fact in his supporting affidavit. If he had no vacant possession at the time of transfer to Catherine Amoit Emukule, he could not be in a position to give her vacant possession. It is therefore simplistic to argue that the applicant has no interest in land parcel number NORTH TESO/ KOCHOLIA/13. I therefore order that the respondents to file a succession cause in respect of the estate of David Kirande (deceased) within 60 days. Failure to do so, the applicant will be at liberty to do so.
4. Costs of this application be borne by the respondents.
DELIVERED and SIGNED at BUSIA this 30th day of April, 2019
KIARIE WAWERU KIARIE
JUDGE.