[2016] KEHC 1673 (KLR)
The court found that the Maua Chief Magistrate's Court exceeded its jurisdiction by issuing a grant in respect of an estate whose value surpassed Ksh. 100,000/-, as evidenced by the inclusion of two plots at Gakoromone market and other properties. Furthermore, the petition filed at Maua failed to disclose all assets...
Source-derived case information.
- Citation
- [2016] KEHC 1673 (KLR)
- Parties
- Applicant: Martin Thuranira Mungathia; Applicant: Joseph Kiambi Mungathia; Respondent: Anastachia Gaoki Mboroki
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 203 of 2014
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- grant revoked; parties to file fresh succession cause before High Court
- Judges
- F Gikonyo
- Legal Topics
- Probate and Administration, Jurisdiction of Magistrates Courts, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Martin Thuranira Mungathia
Applicant
Joseph Kiambi Mungathia
Applicant
Anastachia Gaoki Mboroki
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the Maua Chief Magistrate's Court had jurisdiction to issue the grant in respect of the estate of Stephen Mugathia M’Rukunga.
- 2 Whether all assets of the estate were properly disclosed in the Maua succession proceedings.
- 3 Whether the grant issued by Maua CMC Court should be revoked.
Ratio Decidendi
The court found that the Maua Chief Magistrate's Court exceeded its jurisdiction by issuing a grant in respect of an estate whose value surpassed Ksh. 100,000/-, as evidenced by the inclusion of two plots at Gakoromone market and other properties. Furthermore, the petition filed at Maua failed to disclose all assets of the estate. These jurisdictional and procedural defects rendered the grant invalid. Consequently, the court revoked the grant issued by the Maua CMC Court and directed the parties to file a fresh succession cause before the High Court within 45 days.
Court Disposition
grant revoked; parties to file fresh succession cause before High Court
Orders
- The grant issued by Maua CMC Court in Maua CMC Succession Cause No. 6 of 2012 is revoked.
- Parties shall file a succession cause before the High Court within 45 days of the judgment.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. SUCC. NO. 203 OF 2014
IN THE MATTER OF THE ESTATE OF LATE STEPHEN MUGATHIA M’RUKUNGA A.K.A STEPHEN MUNGATHIA RUKUNGA AKA RUNGA KANAKE
MARTIN THURANIRA MUNGATHIA
JOSEPH KIAMBI MUNGATHIA ………………………PETITIONERS
-VERSUS-
ANASTACHIA GAOKI MBOROKI ………………………OBJECTOR
JUDGMENT
Court – The facts of this case are straightforward; that Maua CM Court at the time it issued the grant in MAUA CMC SUCC. CAUSE NO. 6 OF 2012 did not have jurisdiction. Its jurisdiction was only limited to estates whose value will not exceed Ksh. 100,000/-. I have looked at the exhibit 15 produced including the confirmed grant which includes two plots at Gakoromone market within Meru Town. There are other properties listed there and I am convinced that the Maua court did not have jurisdiction to make the grant as it did.
In any event, the evidence now before the court shows that some assets of the estate were left out in the petition filed at Maua.
In light of the above, this is a case befitting ex tempore decision. Accordingly, I revoke the grant issued by Maua CMC Court in Maua CMC SUCC CAUSE NO. 6 of 2012. Parties shall file a Succession cause before this court within 45 days of today. It is so ordered.
F. GIKONYO
JUDGE
7. 11. 2016