[2017] KEHC 553 (KLR)
The court declined to make a determination on the present application as it pertained to the distribution of the estate of the deceased, specifically land parcel Kianjai/Mituntu/131. The court held that, in light of the earlier ruling by Judge Lesiit which set aside the consent order and directed that the issue of...
Source-derived case information.
- Citation
- [2017] KEHC 553 (KLR)
- Parties
- Plaintiff: Silas Kirema M’Ibiiri; Plaintiff: Esther Mwengwa M’Ibiiri; Plaintiff: Prischilla Kaguri M’Ibiiri; Defendant: Peter Munyi M’Ibiiri; Defendant: Jeremiah Mugambi Thuranira; Defendant: Dominic Kithera Memeu; Defendant: David Mwirigi Kinoti; Defendant: Timothy Murithi Kinoti; Defendant: Esther Karimi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 72 of 2008
- Procedural Posture
- Originating Summons / Ruling on Application Regarding Distribution of Estate
- Outcome
- Application declined for want of jurisdiction; no determination made on distribution of estate.
- Legal Topics
- Succession of Estates, Distribution of Land, Setting Aside Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Kirema M’Ibiiri
Plaintiff
Esther Mwengwa M’Ibiiri
Plaintiff
Prischilla Kaguri M’Ibiiri
Plaintiff
Peter Munyi M’Ibiiri
Defendant
Jeremiah Mugambi Thuranira
Defendant
Dominic Kithera Memeu
Defendant
David Mwirigi Kinoti
Defendant
Timothy Murithi Kinoti
Defendant
Esther Karimi
Defendant
Procedural Posture
Originating Summons / Ruling on Application Regarding Distribution of Estate
Legal Issues
- 1 Whether the court can determine the distribution of the estate of M’Ibiiri Karunya in this suit.
- 2 Whether the issue of distribution of land parcel Kianjai/Mituntu/131 should be determined in a succession cause.
Ratio Decidendi
The court declined to make a determination on the present application as it pertained to the distribution of the estate of the deceased, specifically land parcel Kianjai/Mituntu/131. The court held that, in light of the earlier ruling by Judge Lesiit which set aside the consent order and directed that the issue of distribution be determined in a succession cause, it lacked jurisdiction to address the matter in the current proceedings. The proper forum for the distribution of the estate is a succession cause, and not the present civil suit.
Court Disposition
Application declined for want of jurisdiction; no determination made on distribution of estate.
Orders
- No orders made on the distribution of the estate or land parcel Kianjai/Mituntu/131.
- Parties directed to pursue the matter in a succession cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC NO 72 OF 2008 (OS)
IN THE MATTER OF M’IBIIRI KARUNYA- DECEASED
AND
IN THE MATTER OF LAND PARCEL NUMBER KIANJAI MITUNTU/131
BETWEEN
SILAS KIREMA M’IBIIRI.......................................1ST PLAINTIFF
ESTHER MWENGWA M’IBIIRI...........................2ND PLAINTIFF
PRISCHILLA KAGURI M’IBIIRI.........................3RD PLAINTIFF
VERSUS
PETER MUNYI M’IBIIRI.....................................1ST DEFENDANT
JEREMIAH MUGAMBI THURANIRA..............2ND DEFENDANT
DOMINIC KITHERA MEMEU...........................3RD DEFENDANT
DAVID MWIRIGI KINOTI...................................4TH DEFENDANT
TIMOTHY MURITHI KINOTI............................5TH DEFENDANT
ESTHER KARIMI..................................................6TH DEFENDANT
ORDER/RULING
There is a ruling delivered on 27. 10. 11 by Judge Lesiit whereby the consent order of 23. 03. 00 was set aside. The Court had also indicated that the issue of the distribution of the estate of M’ibiiri Karunya and the matter of land parcel No. Kianjai/Mitutu/131 be determined in a succession cause.
Against this background, I am unable to make a determination with regard to the present application as it touches on distribution of the Suitland.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT MERU THIS 20TH SEPTEMBER, 2017
IN THE PRESENCE OF:-
HON. L. N. MBUGUA
ELC JUDGE