[2019] KEHC 8011 (KLR)
The court found that the applicant's interest in land parcel number NORTH TESO/KOCHOLIA/14, as evidenced by a prior court order for vacant possession, could not be dismissed merely because the land was subsequently transferred to another party. The applicant's disclosure of the transfer did not negate his interest...
Source-derived case information.
- Citation
- [2019] KEHC 8011 (KLR)
- Parties
- Applicant: Jefta Osokayese Murunga; Respondent: Florence Inya Okiring; Respondent: Shem Murunga Okiring; Respondent: Jacob Murunga Okiring; Respondent: Augustine Ekesa Okiring
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 37 of 2017
- Procedural Posture
- Miscellaneous Succession Application / Ruling
- Outcome
- Application allowed with directions.
- Judges
- KW Kiarie
- Legal Topics
- Succession Proceedings, Grant of Letters of Administration, Beneficiary Rights, Vacant Possession, Land Transfer Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jefta Osokayese Murunga
Applicant
Florence Inya Okiring
Respondent
Shem Murunga Okiring
Respondent
Jacob Murunga Okiring
Respondent
Augustine Ekesa Okiring
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling
Legal Issues
- 1 Whether the applicant has an interest in land parcel number NORTH TESO/KOCHOLIA/14 forming part of the deceased's estate.
- 2 Whether the respondents are obligated to file a succession cause for the estate of Julius Okiring Kirande.
- 3 Whether the applicant is entitled to initiate succession proceedings if the respondents fail to do so.
Ratio Decidendi
The court found that the applicant's interest in land parcel number NORTH TESO/KOCHOLIA/14, as evidenced by a prior court order for vacant possession, could not be dismissed merely because the land was subsequently transferred to another party. The applicant's disclosure of the transfer did not negate his interest or the effect of the court order. The court held that it was incumbent upon the respondents, as persons entitled to inherit, to file a succession cause for the estate of Julius Okiring Kirande within 60 days. Should they fail to do so, the applicant would be at liberty to commence succession proceedings himself. The court also ordered that the costs of the application be borne...
Court Disposition
Application allowed with directions.
Orders
- Respondents to file a succession cause in respect of the estate of Julius Okiring Kirande (deceased) within 60 days.
- If respondents fail to file within 60 days, the applicant is at liberty to do so.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
MISCELLANEOUS SUCCESSION APPLICATION NO. 37 OF 2017
IN THE MATTER OF THE ESTATE OF:
JULIUS OKIRING KIRANDE(DECEASED)
AND
IN THE MATTER OF:
JEFTA OSOKAYESE MURUNGA...........................................APPLICANT
VERSUS
FLORENCE INYA OKIRING
SHEM MURUNGA OKIRING
JACOB MURUNGA OKIRING
AUGUSTINE EKESA OKIRING..........................................RESPONDENTS
RULING
1. The applicant cited the four respondents whom he alleges have the right to inherit in the estate of Julius Okiring Kirande (deceased). In his citation he has contended that prior to the demise of the deceased Julius Okiring Kirande, 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/14. 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/14. 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/14. I therefore make an order that the respondents to file a succession cause in respect of the estate of Julius Okiring 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.
DELIVEREDandSIGNEDatBUSIAthis30thdayof April, 2019
KIARIE WAWERU KIARIE
JUDGE