[2023] KEHC 2062 (KLR)
The probate court lacks jurisdiction to determine disputes relating to occupation of land arising from alleged sale agreements between parties, as such matters fall within the exclusive jurisdiction of the Environment and Land Court established under Article 162 (b) of the Constitution of Kenya. The Law of...
Source-derived case information.
- Citation
- [2023] KEHC 2062 (KLR)
- Parties
- Applicant: Mwamati Mutuma; Respondent: Mark Gitonga Mati
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 506 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application to Evict Respondent From Estate Land
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- TW Cherere
- Legal Topics
- Probate Jurisdiction, Eviction Orders, Sale of Land Disputes, Jurisdiction of Environment and Land Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwamati Mutuma
Applicant
Mark Gitonga Mati
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Evict Respondent From Estate Land
Legal Issues
- 1 Whether the probate court has jurisdiction to determine disputes relating to occupation of land arising from an alleged sale agreement between the applicant and respondent.
- 2 Whether the application for eviction of the respondent from LR No Antubetwe/Njoune/858 can be entertained in succession proceedings.
Ratio Decidendi
The probate court lacks jurisdiction to determine disputes relating to occupation of land arising from alleged sale agreements between parties, as such matters fall within the exclusive jurisdiction of the Environment and Land Court established under Article 162 (b) of the Constitution of Kenya. The Law of Succession Act and Probate and Administration Rules do not provide for the determination of such disputes. Accordingly, the application seeking eviction of the respondent from LR No Antubetwe/Njoune/858 is struck out for want of jurisdiction.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The application dated November 16, 2022 is struck out on the ground that this court has no jurisdiction to hear and determine it.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Limbine Mukiri (Deceased) (Succession Cause 506 of 2010) [2023] KEHC 2062 (KLR) (16 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2062 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 506 of 2010
TW Cherere, J
March 16, 2023
Between
Mwamati Mutuma
Applicant
and
Mark Gitonga Mati
Respondent
Ruling
Background 1. The deceased’s estate is comprised of the following assets:i.LR No Antubetwe/Njoune/858ii.LR No Antubetwe/Njoune/1451iii.LR No Antubetwe/Njoune/1502
2. By a ruling dated November 08, 2018, the court directed that the estate be distributed as follows:i.LR No Antubetwe/Njoune/858 ½ share to Mwamati Mutuma
½ share Rael Itura M’Nkanatha (widow to M’Nkanatha Limbine) to hold in trust for Zakayo Kaberia, Peter Michubu, Zabina Kenjira and Judy Kaingaii.LR No Antubetwe/Njoune/1451 To be shared equally between Kaibi M’Limbine, Mbiti M’Limbine and Daniel Kaingaiii.LR. NO. ANTUBETWE/NJOUNE/1502 To be shared equally between Kaibi M’Limbine, Mbiti M’Limbine and Daniel Kainga, Mwamati Mutuma and Rael Itura M’Nkanatha (widow to M’Nkanatha Limbine) to hold in trust for Zakayo Kaberia, Peter Michubu, Zabina Kenjira and Judy Kainga
3. By application dated November 16, 2022 supported by Applicant’s affidavit sworn on November 15, 2022, Applicant seeks orders to evict the Respondent from LR No Antubwe/Njoune/858 on the ground of non-payment of the full purchase price. Respondent was served but he neither attended court nor filed any response.
4. In this instant application, the Applicants’ claim is for occupation of land arising out of an alleged sale agreement between him and the Respondent. The Law of Succession Act and the Probate and Administration Rules do not deal with such disputes. Such disputes fall under the jurisdiction of the Environment and Land Court which is a creation by the Constitution of Kenya under the provision of Article 162 (b).
5. By placing a dispute relating to occupation of land before the probate court, Applicant is asking the court to engage in matters that are beyond its jurisdiction. I echo Nyarangi JA in the case of TheOwners of the Motor Vessel Lilian 'S' v. Caltex Kenya Limited (1989) KLR 1 that“………. jurisdiction is everything without it; a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence. A court of law downs its tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction”.
6. In the end, the application dated November 16, 2022 is struck out on the ground that this court has no jurisdiction to hear and determine it.
DATED AT MERU THIS 16TH* DAY OF MARCH 2023WAMAE. T. W. CHEREREJUDGEAppearancesFor Applicant - Ms. Gikundi for Charles Kariuki & Kiome Associates AdvocatesFor Respondent - N/A