[2023] KEHC 27209 (KLR)
The court found that the registered proprietor of the estate land, as per the Land Registrar's report, is Dorokasi (also referred to as Dorcas or Torokasi) Inyambula Munubi, by virtue of a decree in Kakamega ELC No. 83 of 2013. However, since there is a pending appeal (Civil Appeal No 1 of 2019) that could affect...
Source-derived case information.
- Citation
- [2023] KEHC 27209 (KLR)
- Parties
- Applicant: Frankline Munubi Vuyiya; Applicant: Pamela Sausu Kioko; Respondent: Mbiyu Peter Munubi
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 30 of 1999
- Procedural Posture
- Probate and Administration / Ruling on Status of Estate Property and Directions Pending Appeal
- Outcome
- Directions issued; matter stood over for mention pending clarification of appeal status.
- Judges
- RN Nyakundi
- Legal Topics
- Succession of Estates, Proprietorship of Land, Pending Appeal Effects
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frankline Munubi Vuyiya
Applicant
Pamela Sausu Kioko
Applicant
Mbiyu Peter Munubi
Respondent
Procedural Posture
Probate and Administration / Ruling on Status of Estate Property and Directions Pending Appeal
Legal Issues
- 1 Whether the current registered proprietor of the estate land is properly reflected in light of a pending appeal.
- 2 What directions should be issued to preserve the estate pending determination of the appeal.
Ratio Decidendi
The court found that the registered proprietor of the estate land, as per the Land Registrar's report, is Dorokasi (also referred to as Dorcas or Torokasi) Inyambula Munubi, by virtue of a decree in Kakamega ELC No. 83 of 2013. However, since there is a pending appeal (Civil Appeal No 1 of 2019) that could affect the ownership of the property, the court determined that it is necessary to ascertain the current status of the appeal before making further substantive orders regarding the estate. The court therefore issued directions for counsel to confirm the position of the appeal and for the matter to be mentioned for further directions, thereby preserving the status quo until the appellate...
Court Disposition
Directions issued; matter stood over for mention pending clarification of appeal status.
Orders
- Counsel for the applicant to ascertain the position of the appeal within 14 days.
- Any supporting documentation on the current position of the appeal to be filed in court.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of the Later Peter Munubi Vuyiya (Probate & Administration 30 of 1999) [2023] KEHC 27209 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27209 (KLR)
Republic of Kenya
In the High Court at Eldoret
Probate & Administration 30 of 1999
RN Nyakundi, J
December 20, 2023
IN THE MATTER OF THE ESTATE OF THE LATER PETER MUNUBI VUYIYA
Between
Frankline Munubi Vuyiya
1st Petitioner
Pamela Sausu Kioko
2nd Petitioner
and
Mbiyu Peter Munubi
Respondent
Ruling
1Pursuant to the orders of this court issued on May 2, 2023 the Land Registrar, Vihiga County filed a report on the status of the land parcel no Kakamega/South Maragoli/Lugovo/925. The report revealed that Dorokasi Inyambula Munubi was registered as the proprietor of the parcel of land by virtue of a decree dated November 8, 2018 in Kakamega ELC No.83 of 2013. Further, that the land has been subdivided into four portions being: -1. South Maragoli/Lugovo/23072. South Maragoli/Lugovo/23083. South Maragoli/Luvogo/23094. South Maragoli/Luvogo/2310
2All the parcels are currently registered in the name of Torokasi Inyambula Munubi evidenced by the mutation forms attached to the report. I note that the name Dorokasi has been used interchangeably with Dorcas and Torokasi to refer to the same person.
3I am alive to the averments by the petitioners that there is a pending Appeal against the decision in Kakamega ELC No 83 of 2013 vide Civil Appeal No 1 of 2019-Ruth Auma Vuyiya as Dorcas Inyambula Munubi-Kisumu. It is not clear what the position of the Appeal is at this juncture as the outcome of the Appeal would affect the proprietorship of the parcel of land that comprises the estate I direct as follows:1. Counsel for the applicant to ascertain the position of the Appeal within the next 14 days2. Any supporting documentation on the current position of the appeal be filed in court3. The matter be mentioned 26. 2.2024 for confirmation of the position of the Appeal and directions.
DATED, SINGED AND DELIVERED VIA EMAIL AT ELDORET ON 20TH DAY OF DECEMBER 2023. ……………………………………………R. NYAKUNDIJUDGE