[2014] KEHC 7334 (KLR)

[2014] KEHC 7334 (KLR)

The court found that although the Plaintiff provided evidence suggesting the suit property may have been transferred to her during the deceased's lifetime, there were unresolved issues regarding the authenticity of orders lifting prohibitions on the property and the status of the succession cause. The Defendants' Defence raised triable issues, including allegations of fraud and the existence of a prohibitory order, which could not be dismissed summarily. The court held that the Defence was not amenable to striking out as it disclosed triable issues, and summary judgment could not be granted where a detailed Defence was on record. The Plaintiff's application was therefore dismissed.

Citation
[2014] KEHC 7334 (KLR)
Parties
Plaintiff: Irene Mwikali Mbondo; Defendant: Serah Muthio Mbondo; Defendant: Paul Mulei Mbondo; Defendant: Richard Muema Mbondo
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
21 January 2014
Case Number
? 682 of 2013
Procedural Posture
Civil Suit / Ruling on Notice of Motion to Strike Out Defence and for Summary Judgment
Outcome
application dismissed
Legal Topics
Striking Out of Pleadings, Summary Judgment, Title to Land, Succession Disputes, Triable Issues
Source Language
English
Land and Property Civil Procedure Striking Out of Pleadings Summary Judgment Title to Land Succession Disputes Triable Issues

Case Brief

Summary, issues, holding and outcome

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Parties

Irene Mwikali Mbondo

Plaintiff

Serah Muthio Mbondo

Defendant

Paul Mulei Mbondo

Defendant

Richard Muema Mbondo

Defendant

Procedural Posture

Civil Suit / Ruling on Notice of Motion to Strike Out Defence and for Summary Judgment

Legal Issues

  1. 1 Whether the Defences filed by the Defendants should be struck out for disclosing no triable issues.
  2. 2 Whether judgment can issue against the Defendants on the basis of the Plaintiff's application.

Ratio Decidendi

The court found that although the Plaintiff provided evidence suggesting the suit property may have been transferred to her during the deceased's lifetime, there were unresolved issues regarding the authenticity of orders lifting prohibitions on the property and the status of the succession cause. The Defendants' Defence raised triable issues, including allegations of fraud and the existence of a prohibitory order, which could not be dismissed summarily. The court held that the Defence was not amenable to striking out as it disclosed triable issues, and summary judgment could not be granted where a detailed Defence was on record. The Plaintiff's application was therefore dismissed.

Court Disposition

application dismissed

Orders

  • The Plaintiff's Notice of Motion dated 5th August 2013 is dismissed.
  • Costs of the Motion shall be in the cause.