[2025] KEHC 6142 (KLR)

[2025] KEHC 6142 (KLR)

The High Court found that it lacked jurisdiction to entertain the application for revocation of the grant of letters of administration ad litem, as the grant was issued by the Chief Magistrate's Court and any challenge to it should be brought before that court. Similarly, the High Court held that it did not have the requisite jurisdiction to stay proceedings in the Siaya CMC ELC No. E097 of 2023, as the Environment and Land Court (ELC) is a court of equal status to the High Court and is the proper forum for such applications. Consequently, the application was dismissed for want of jurisdiction.

Citation
[2025] KEHC 6142 (KLR)
Parties
Applicant: Simon Khasakhala Ndengu; Applicant: Daudi Mbati Oburambo; Applicant: Jared Ombewa Amusa; Applicant: Dishon Amwiatsi Anyonje; Applicant: Wycliffe Amwuatsi Kome; Applicant: Violet Awinja Ngoya; Respondent: Kristabel Odera Okech
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Judgment Date
16 May 2025
Case Number
Civil Miscellaneous E006 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay and Revocation of Grant
Outcome
application dismissed
Judges
DK Kemei
Legal Topics
Revocation of Grant, Jurisdiction of Court, Letters of Administration Ad Litem, Succession Proceedings
Source Language
English
Civil Procedure Family and Children Revocation of Grant Jurisdiction of Court Letters of Administration Ad Litem Succession Proceedings

Case Brief

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Parties

Simon Khasakhala Ndengu

Applicant

Daudi Mbati Oburambo

Applicant

Jared Ombewa Amusa

Applicant

Dishon Amwiatsi Anyonje

Applicant

Wycliffe Amwuatsi Kome

Applicant

Violet Awinja Ngoya

Applicant

Kristabel Odera Okech

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Stay and Revocation of Grant

Legal Issues

  1. 1 Whether the High Court has jurisdiction to revoke a grant of letters of administration ad litem issued by the Chief Magistrate's Court.
  2. 2 Whether the High Court can stay proceedings in Siaya CMC ELC No. E097 of 2023.
  3. 3 Whether the grant of letters of administration ad litem was obtained fraudulently or by concealment of material facts.

Ratio Decidendi

The High Court found that it lacked jurisdiction to entertain the application for revocation of the grant of letters of administration ad litem, as the grant was issued by the Chief Magistrate's Court and any challenge to it should be brought before that court. Similarly, the High Court held that it did not have the requisite jurisdiction to stay proceedings in the Siaya CMC ELC No. E097 of 2023, as the Environment and Land Court (ELC) is a court of equal status to the High Court and is the proper forum for such applications. Consequently, the application was dismissed for want of jurisdiction.

Court Disposition

application dismissed

Orders

  • The application dated 3/5/2024 is dismissed.
  • No order as to costs.