[2018] KEHC 5849 (KLR)
The court found that the applicant's claim to amend the grant dated 16.2.1982 was inordinately delayed and had been overtaken by limitation of time. The court held that the applicant should pursue any claim regarding the land in the succession cause relating to the estate of Kenneth Ndumba or before the Environment...
Source-derived case information.
- Citation
- [2018] KEHC 5849 (KLR)
- Parties
- Petitioner: Stanley Muthuri; Objector: Henry Muchai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 16 of 1979
- Procedural Posture
- Succession Cause / Ruling on Application to Amend Grant
- Outcome
- application dismissed
- Legal Topics
- Succession, Grant Amendment, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Muthuri
Petitioner
Henry Muchai
Objector
Procedural Posture
Succession Cause / Ruling on Application to Amend Grant
Legal Issues
- 1 Whether the grant dated 16.2.1982 should be amended as sought by the applicant.
- 2 Whether the applicant's claim is barred by limitation or should be pursued in another forum.
Ratio Decidendi
The court found that the applicant's claim to amend the grant dated 16.2.1982 was inordinately delayed and had been overtaken by limitation of time. The court held that the applicant should pursue any claim regarding the land in the succession cause relating to the estate of Kenneth Ndumba or before the Environment and Land Court, as the current application was not properly before the court and the parties served were not proper parties to the cause. Accordingly, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 30th September 2011 is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 16 OF 1979
IN THE MATTER OF ESTATE OF M’IKIRIMA KARINGU (DECEASED)
STANLEY MUTHURI ...................PETITIONER
VS
HENRY MUCHAI............................OBJECTOR
RULING
Application dated 30. 9.2011 is due for determination. The applicant seeks that the court amends the grant dated 16. 2.1982 in terms of paragraph 9 of supporting affidavit.
He claims that he and his 3 brothers agreed to share equally L.R. No. Ntima/Ntakira/1882 but in his absence his brother who had petitioned for Letters of Administration to his father’s estate went to court with applicants deceased now on 16. 2.1982 and altered the consent order and had his share given to his son Kenneth Ndumba who is now deceased.
The parties that have been shown to be served are not parties in this cause and Kenneth Ndumba whom the applicant claims to have been given land is deceased
The claim by applicant has delayed inordinately and in my view overtaken by limitation of time he should make the claim in succession cause in the estate of Kenneth Ndumba or in the Environment and Land Court. The application dated 30th September 2011 is dismissed.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 5TH DAY OF JUNE 2018
IN THE PRESENCE OF:
C/A:- Penina
Petitioner:- N/A – deceased
Objector :-Present in person
Mr Ayub Anampiu Advocate for Objector – No appearance Mr Gichuki holding brief.
HON. A.ONG’INJO
JUDGE