[2007] KEHC 3529 (KLR)
The court found that the appellant failed to prove ownership of Rice Holding No. 623 and was not present to challenge the registration of the plot. The proceedings were special under the Irrigation Act, focusing on succession of tenancy rather than inheritance of land. The trial magistrate properly considered all...
Source-derived case information.
- Citation
- [2007] KEHC 3529 (KLR)
- Parties
- Appellant: Njiru Mbunya; Respondent: Teresia Muthoni
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 15 of 2003
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Succession of Tenancy, Irrigation Schemes, Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njiru Mbunya
Appellant
Teresia Muthoni
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant proved ownership of Rice Holding No. 623.
- 2 Whether the trial magistrate erred in determining the succession of tenancy for Rice Holding No. 623 under the Irrigation Act.
- 3 Whether the proceedings properly addressed the issue of tenancy succession rather than inheritance of land.
Ratio Decidendi
The court found that the appellant failed to prove ownership of Rice Holding No. 623 and was not present to challenge the registration of the plot. The proceedings were special under the Irrigation Act, focusing on succession of tenancy rather than inheritance of land. The trial magistrate properly considered all evidence and followed the correct procedure in determining the succeeding tenant. There was no fault in the judgment of the trial magistrate, and the appeal lacked merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Civil Appeal 15 of 2003
NJIRU MBUNYA……………………………………………APPELLANT
VERSUS
TERESIA MUTHONI………………………..…………..RESPONDENT
JUDGMENT
Misc Succession Suit in Resident Magistrate’s Court at Wanguru being No. 12 of 2003 was initiated by Manager Mwea Irrigation Board. The matters of cultivation and management of Rice production in irrigation schemes is the responsibility of the Board. This application was therefore to determine the succeeding tenant after the deceased Stanley Muriithi Joshua. His family consented that the widow of deceased, Teresia Muthoni, do succeed as Tenant Rice Holding No. 623 the court ordered so on 27/3/2003. At the same time on 27/2/2003 one Njiru Mbunya had filed a suit in Resident Magistrate’s Civil Case No. 10 of 2003 Wanguru by way of plaint in which the plaintiff claimed against the Stanley Muriithi surrender of Rice Plot No. 623. Stanley Muriithi Joshua died on 23/10/1999. There is no more record in respect of this suit.
I have perused the record of Misc.Succession No. 12 of 2003 and it is to be seen that the Appellant Njiru Mbunya stated to court “Rice Holding 623” belongs to my father one Mbunya Njiru. I am not related to Stanley Muriithi. And the court found that the appellant had not proved his ownership. Appellant was not in court to challenge the registration of the plot 623. On the grounds of appeal there is nothing to show that the court did not record all evidence given by the parties. As I say above the proceedings were special under Irrigation Act to determine who was to succeed as tenant of the Rice holding 623 which was owned by Irrigation Board. Succession Suit in case of estate of deceased Stanley Muriithi Joshua were not before the Resident Magistrate. It was not inheritance of land which was in question but the Succession of tenancy to cultivate land in the land of Irrigation Scheme. After taking full consideration of all the record I do not find any fault in the Judgment of learned Trial Magistrate.
I find no merit in this appeal. The same is dismissed with costs to the Respondent.
Dated this 16th October, 2007.
J. N. KHAMINWA
JUDGE
16/10/2007
Khaminwa – Judge
Njue – Clerk
Ms Njeru HB for Utuku
Mr. Njue HB for Kihani.
Read in open court
J. N. KHAMINWA
JUDGE