[2013] KEHC 4663 (KLR)
The court found that the applicant's application for transfer of land parcel North Gem / Marenyo / 349 was properly served on the respondent, as evidenced by the affidavit of service. The respondent did not oppose the application. Given that the grant previously issued to the respondent had already been revoked by a...
Source-derived case information.
- Citation
- [2013] KEHC 4663 (KLR)
- Parties
- Plaintiff: Noah Akuku Etsimile; Defendant: Morris Isaac Odukho Amboko
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 662 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Transfer of Land
- Outcome
- Application allowed as prayed with costs to the applicant.
- Judges
- HK Chemitei
- Legal Topics
- Revocation of Grant, Transfer of Land, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Noah Akuku Etsimile
Plaintiff
Morris Isaac Odukho Amboko
Defendant
Procedural Posture
Succession Cause / Ruling on Application for Transfer of Land
Legal Issues
- 1 Whether the applicant is entitled to the transfer of land parcel North Gem / Marenyo / 349 following revocation of the grant previously issued to the respondent.
- 2 Whether the application for transfer is properly served and unopposed.
Ratio Decidendi
The court found that the applicant's application for transfer of land parcel North Gem / Marenyo / 349 was properly served on the respondent, as evidenced by the affidavit of service. The respondent did not oppose the application. Given that the grant previously issued to the respondent had already been revoked by a prior judgment, and there being no opposition to the current application, the court exercised its discretion to allow the transfer of the land to the applicant. The court also awarded costs to the applicant.
Court Disposition
Application allowed as prayed with costs to the applicant.
Orders
- Land parcel North Gem / Marenyo / 349 to be transferred to the applicant.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Kisumu
Succession Cause 662 of 2001 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
IN THE MATTER OF THE ESTATE OF MICHAEL ANGAWA ALIAS MIKAL ABIRI
NOAH AKUKU ETSIMILE …......................................................PLAINTIFF
VERSUS
MORRIS ISAAC ODUKHO AMBOKO …..................................DEFENDANT
RULING
The applicants application dated 20th June 2012 pray that the land parcel No. North Gem / Marenyo / 349 be transferred to him. The applicant has premised his application on the fact that this court vide the judgment dated 6th July 2004 revoked and or annulled the grant which had been given to the respondent vide Succession Case No. 52 of 2001 at Siaya.
The application was served upon the defendant's firm on 26th June 2012 and there is an affidavit of service of James Mwamu sworn on 13th February 2013 to that effect.
The application is not opposed. Consequently I shall allow the same with costs to the applicant.
Dated, signed and delivered at Kisumu this 25th day of March 2013
H. K. CHEMITEI
JUDGE
In the presence of:
…................................ for the Plaintiff
…............................... for the Respondent
HKC/aao
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