[2023] KEHC 17223 (KLR)
The court determined that it lacked jurisdiction to adjudicate disputes relating to ownership and title to land, as such matters fall exclusively within the mandate of the Environment and Land Court. The objector's claim, being fundamentally about ownership and trust in land registered in the deceased's name, could...
Source-derived case information.
- Citation
- [2023] KEHC 17223 (KLR)
- Parties
- Applicant: Benta Akinyi Obuya; Applicant: George Calvin Oluoch Obuya; Respondent: Elias Opondo Resa
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 240 of 2010
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- Summons for revocation of grant withdrawn; file closed.
- Judges
- RE Aburili
- Legal Topics
- Revocation of Grant, Trusts in Land, Jurisdiction of Courts, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benta Akinyi Obuya
Applicant
George Calvin Oluoch Obuya
Applicant
Elias Opondo Resa
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the High Court (Family Division) has jurisdiction to determine disputes relating to ownership and title to land in a succession cause.
- 2 Whether the summons for revocation of grant should be withdrawn in light of the jurisdictional issue.
Ratio Decidendi
The court determined that it lacked jurisdiction to adjudicate disputes relating to ownership and title to land, as such matters fall exclusively within the mandate of the Environment and Land Court. The objector's claim, being fundamentally about ownership and trust in land registered in the deceased's name, could not be resolved within the succession proceedings. Consequently, upon the objector's counsel's request, the summons for revocation of grant was marked as withdrawn. The court further directed that the administrators remain bound by their statutory duty to account for the administration of the estate under Section 83 of the Law of Succession Act. The file was ordered closed,...
Court Disposition
Summons for revocation of grant withdrawn; file closed.
Orders
- Summons for revocation of grant dated May 5, 2022 marked as wholly withdrawn.
- No orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
In re Stephen Obuya Yugi (Deceased) (Succession Cause 240 of 2010) [2023] KEHC 17223 (KLR) (10 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17223 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 240 of 2010
RE Aburili, J
May 10, 2023
Between
Benta Akinyi Obuya
1st Petitioner
George Calvin Oluoch Obuya
2nd Petitioner
and
Elias Opondo Resa
Objector
Ruling
1. In the Summons for revocation of grant dated May 5, 2022, the Objector Elias Opondo Resa claims to own part of the property in the now estate of the late Stephen Obuya Yugi (deceased).
2. He claims to have purchased part of the land which was amalgamated into the disputed parcel No North Karachuonyo/Kakwajouk/467, 298 and 226 of which parcel No 199 is part of and that as he purchased the pieces of land, he caused them to be registered in the names of his younger brother, the deceased Stephen Obuya Yugi.
3. That being the case, it is clear that the issue of trust and ownership of the subject properties is at hand. Only the Environment and Land Court has jurisdiction to hear and determine such disputes relating to ownership and title to land, even if this court did confirm the grant in favour of the Administrators whose duties under the Law of Succession Act are well spelt out. In any case, the person claiming to be entitled to such land which was registered in the deceased’s name could only do so after letters of administration are issued to a personal representative and it matters not that confirmation of the grant was done since confirmation only gives the power to distribute the estate in accordance with the law and not to personally own the property of the estate.
4. For the above reasons, and as the Objector’s counsel has asked the court to have the summons for revocation of grant dated May 5, 2022 withdrawn should the court find that the court has no jurisdiction to hear and determine that claim, I hereby mark the summons for revocation of grant dated May 5, 2022 as wholly withdrawn with no orders as to costs.
5. This file is effectively closed save for the administrators complying with the dictates of Section 83 of the Law of Succession Act on giving of a true and accurate account of the administration of estate of the deceased, as required by law.
6. I so order. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF MAY, 2023R E ABURILIJUDGE