[2018] KEHC 3362 (KLR)
The court found that the issue of whether the deceased held 2 acres in L.R. Abothuguchi/Katheri/1425 on behalf of Stanley Rimberia as purchaser was contested and not suitable for determination within the succession proceedings. The appropriate forum for resolving the ownership dispute is the Environment and Land...
Source-derived case information.
- Citation
- [2018] KEHC 3362 (KLR)
- Parties
- Applicant: Stanley Rimberia; Respondent: Salome Kathure Mwongera
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 128 of 2011
- Procedural Posture
- Succession Cause / Ruling on Amended Chamber Summons for Review of Judgment
- Outcome
- Application for review partially allowed; distribution order for disputed parcel reviewed.
- Legal Topics
- Succession, Estate Distribution, Trusts in Succession, Review of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Rimberia
Applicant
Salome Kathure Mwongera
Respondent
Procedural Posture
Succession Cause / Ruling on Amended Chamber Summons for Review of Judgment
Legal Issues
- 1 Whether the court should review its judgment to exclude the respondent and her children from the list of beneficiaries on the grounds of prior benefit.
- 2 Whether the deceased held 2 acres in L.R. Abothuguchi/Katheri/1425 on behalf of Stanley Rimberia as purchaser.
Ratio Decidendi
The court found that the issue of whether the deceased held 2 acres in L.R. Abothuguchi/Katheri/1425 on behalf of Stanley Rimberia as purchaser was contested and not suitable for determination within the succession proceedings. The appropriate forum for resolving the ownership dispute is the Environment and Land Court. Consequently, the court reviewed its earlier orders regarding the distribution of the disputed parcel and directed that the entire parcel be held in trust by the petitioner and the respondent jointly, pending determination of ownership by the relevant court. This approach ensures that the interests of all parties are preserved until the substantive land dispute is resolved.
Court Disposition
Application for review partially allowed; distribution order for disputed parcel reviewed.
Orders
- The orders of the court distributing L.R. Abothuguchi/Katheri/1425 are reviewed pending determination of ownership by the Environment and Land Court.
- The entire parcel shall be held in trust by Stanley Rimberia and Salome Kathure Mwongera jointly.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 128 OF 2011
IN THE MATTER OF THE ESTATE OF M’MWONGERA M’WAMARU alias REUBEN MWONGERA alias MWONGERA S/O RUUKO ( DECEASED)
STANLEY RIMBERIA...............................................PETITIONER
VS
SALOME KATHURE MWONGERA.........................PROTESTER
RULING
Amended Chamber summons dated 5th June 2018 seeks that the court reviews its judgement delivered on 21st Day of November 2017 to exclude the Respondent and her children from the list of beneficiaries on the grounds that she had benefited prior to the deceased persons death.
It was argued that the applicant and his siblings would benefit from only 5 acres of land even though their house has more units. Whether the deceased held 2 acres in L.R. Abothuguchi/Katheri/1425 on behalf of Stanley Rimberia who is alleged to have purchased it is a matter that is contentested and being that is the case, this court finds that the best forum to determine that is the Environment and Land Court. In the circumstances I will review the orders of this court distributing that parcel of land pending the contesting parties moving the appropriate court to determine ownership.
In the mean time the entire parcel will be held in trust by the petitioner/Administrator/ Applicant Stanley Rimberia jointly with Salome Kathure Mwongera so that this cause is closed. Costs of the application to be borne of each party.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 11TH OCTOBER 2018.
In the presence of:
C/A: Penina
Petitioner: Present in person
Applicant: Represented by Lydia Mpinda
HON. A.ONG’INJO
JUDGE