[2018] KEHC 5469 (KLR)
The court found that the succession proceedings could not conclusively determine the interests in the disputed land, as the applicant claimed the property was held in trust and the matter was already before the Environment and Land Court. The High Court, sitting as a succession court, lacks jurisdiction to resolve...
Source-derived case information.
- Citation
- [2018] KEHC 5469 (KLR)
- Parties
- Applicant: Harriet Nkirote Kinoti; Respondent: Geoffrey Nteere
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 159 of 2000
- Procedural Posture
- Succession Cause / Ruling on Application for Stay of Proceedings
- Outcome
- Stay of succession proceedings granted; administrator to hold land in trust pending ELC determination; file closed until confirmation stage.
- Legal Topics
- Trust Property, Succession Disputes, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harriet Nkirote Kinoti
Applicant
Geoffrey Nteere
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Stay of Proceedings
Legal Issues
- 1 Whether the succession proceedings should be stayed pending determination of Environment and Land Court cases regarding the same property.
- 2 Whether the deceased held the disputed land as trustee for the beneficiaries, thus affecting its status as free property under the Law of Succession Act.
Ratio Decidendi
The court found that the succession proceedings could not conclusively determine the interests in the disputed land, as the applicant claimed the property was held in trust and the matter was already before the Environment and Land Court. The High Court, sitting as a succession court, lacks jurisdiction to resolve trust or land ownership disputes. Therefore, the court ordered that the administrator hold the land in trust pending the outcome of the Environment and Land Court cases. The succession file was closed, to be reopened only for purposes of confirmation of grant after the ELC matters are determined.
Court Disposition
Stay of succession proceedings granted; administrator to hold land in trust pending ELC determination; file closed until confirmation stage.
Orders
- The administrator will hold the land in question in trust pending the determination of the different interests/claims in Environment and Land Court Nos. 139 and 160 of 2017.
- This succession file is closed and will be reopened only for purposes of certificate of confirmation.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 159 OF 2000
IN THE MATTER OF ESTATE OF JUSTUS BAICHU KINOTI - (DECEASED)
HARRIET NKIROTE KINOTI ........PETITIONER
VS
GEOFFREY NTEERE .........................OBJECTOR
RULING
Appellent Mburugu Mbogori Baichu by an application dated 24th May 2017 sought for stay of the proceedings. In this cause pending determination of Environment and Land Court cause No. 160 of 2017 in which he claims the asset herein through trust which this court sitting as a court in succession cause doesn’t have jurisdiction to determine.
It was argued that parcel No. L.R Abothuguchi/Githongo/354 was not free property of the deceased as envisaged under S.3 of the Law of Succession Act as it was held by the deceased as a trustee to which the applicants are beneficiaries but the deceased died before he transferred respective shares to the applicant to him and his siblings as shown at paragraph 6 of supporting affidavit. It was averred at paragraph 7 that petitioner defied the proposal for distribution by the family and the entire clan.
It was sought that cause be stayed and the entire claim. It was sought that cause be stayed until their interests in L.R. 354 are determined in E&L Court C. No 160 of 2017.
The chief’s letter identifying the dependants to the deceased dated 19th July 2000. Identifies them and the portions of land in question that each is to get as follows:-
1. Harriet Nkirote – 2. 60 acres
2. Geoffrey Nteere – 1 acre
3. Mburugu M’Mbogori – 1 acre
4. Mwari M’Mbogori – 1 acre
The reason being that they all occupied the land that is registered in the deceased and which was held in trust for the family members.
Grant was made to the deceased person’s widow/petitioner herein and subsequently objection. Proceedings were filed and evidence adduced. Upon realisation that the objection was filed against procedure as cause had already been filed the objection was withdrawn and parties instructed to file application for confirmation and protest if need be. On 13th February 2017 the court ordered that parties serve application for confirmation as matter had stayed for long since the year 2000.
Upon perusal of this cause I have noticed that apart from application dated 24th May 2017 in which a stay of execution is being sought an application dated 9th May 2017 by Gancheke Tea buying centre is also pending determination. No directions have been taken as to its hearing. They have also filed suit in Environment and Land Court c. No. 139 of 2017 and No. 160 of 2017 this court hereby orders that the Administrator will hold the land in question in trust pending the determination of the different interests/claims in ELC Nos. 139 and 160 of 2017.
This file is closed. To be opened later for purposes of certificate of confirmation.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 13th DAY OF JULY 2018
IN THE PRESENCE OF:
C/A:- Penina
Petitioner:- Ms Okello Advocate
Objector :- Mr Kaumbi Advocate for Protesters.
HON. A.ONG’INJO
JUDGE