[2017] KEELC 2933 (KLR)
The court held that since the suit property is registered in the name of the deceased and no confirmed Grant of Letters of Administration has been obtained, none of the parties has legal authority to deal with the estate property. The Law of Succession Act prohibits intermeddling with the estate until the grant is...
Source-derived case information.
- Citation
- [2017] KEELC 2933 (KLR)
- Parties
- Plaintiff: Sidi Msanzu; Plaintiff: Mwenda Kitsao; Plaintiff: Loise Nyevu Ngonyo; Plaintiff: Eunice Ngonyo Mainge (as the administrators of the Estate of Ngonyo Mainge Kiponda); Defendant: Mwalimu Ngonyo; Defendant: Safari Ngonyo; Defendant: Karisa Ngonyo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 160 of 2015
- Procedural Posture
- Interlocutory Injunction Application / Ruling on Interlocutory Injunction
- Outcome
- interlocutory injunction granted to maintain status quo
- Judges
- OA Angote, JO Olola
- Legal Topics
- Interlocutory Injunctions, Succession Estates, Status Quo Orders, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sidi Msanzu
Plaintiff
Mwenda Kitsao
Plaintiff
Loise Nyevu Ngonyo
Plaintiff
Eunice Ngonyo Mainge (as the administrators of the Estate of Ngonyo Mainge Kiponda)
Plaintiff
Mwalimu Ngonyo
Defendant
Safari Ngonyo
Defendant
Karisa Ngonyo
Defendant
Procedural Posture
Interlocutory Injunction Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether an interlocutory injunction should issue to restrain the defendants from dealing with the suit property pending determination of the suit.
- 2 Whether the parties can deal with the estate property before obtaining and confirming a Grant of Letters of Administration.
Ratio Decidendi
The court held that since the suit property is registered in the name of the deceased and no confirmed Grant of Letters of Administration has been obtained, none of the parties has legal authority to deal with the estate property. The Law of Succession Act prohibits intermeddling with the estate until the grant is confirmed. Therefore, the parties must first obtain and confirm the Grant of Letters of Administration in the High Court before any dealings with the property can occur. In the interim, the court ordered that the prevailing status quo be maintained, meaning no party should sell, transfer, alienate, or convey the suit property pending the hearing of the suit or further orders of...
Court Disposition
interlocutory injunction granted to maintain status quo
Orders
- The prevailing status quo in respect of parcel of land known as Kilifi/Mtondia/209 to be maintained; no one should sell, transfer, alienate or convey the said land pending the hearing of this suit or further orders of this court or the High Court.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MALINDI
ELC CASE NO. 160 OF 2015
SIDI MSANZU…………........................................................1ST PLAINTIFF
MWENDA KITSAO...............................................................2ND PLAINTIFF
LOISE NYEVU NGONYO.....................................................3RD PLAINTIFF
EUNICE NGONYO MAINGE (as the administrators or the Estate of
NGONYO MAINGE KIPONDA)............................................4TH PLAINTIFF
VERSUS
MWALIMU NGONYO.......................................................1ST DEFENDANT
SAFARI NGONYO............................................................2ND DEFENDANT
KARISA NGONYO...........................................................3RD DEFENDANT
RULING
1. In the Application dated 16th September, 2015, the Plaintiffs are seeking for the following orders:
a. That an interlocutory injunction do issue restraining the Defendants/Respondents their servants, employees and/or agents, or any other party from otherwise transferring, conveying and/or selling and/or interfering with the peaceful enjoyment of all that property known as Kilifi/Mtondia/209 pending the hearing and determination of this suit.
b. That costs of the Application be provided for.
2. The Application is premised on the grounds that the Plaintiffs are the administrators of the Estate of Ngonyo Mainge Kiponda (deceased); that the Plaintiffs are the daughters of the deceased while the Defendants are the sons of the deceased and that the Defendants have sold the suit property to third parties without following due process.
3. The Applicants deponed that as a family, they are aggrieved by the Defendants’ move of selling the suit property which is registered in their father’s name.
4. In his Replying Affidavit, the 1st Defendant deponed that their late father had four wives; that it is the Applicants who have made it impossible for the succession proceedings to be completed so that each wife can get her rightful share of the Estate of the deceased and that the main issue is about the sub-division of the suit property.
5. Neither the Plaintiffs nor the Defendants filed submissions.
6. From the pleadings before me, it is not in dispute that the suit property is registered in favour of the late Ngonyo Mainge Kiponda.
7. Both the Plaintiffs and the Defendants are children of the deceased. The Interested Parties are the wives of the deceased.
8. It is trite that under Section 82 of the Law of Succession Act, no person can intermeddle with the Estate of a deceased person unless and until the Grant of Letters of Administration have been obtained and confirmed.
9. In the circumstances, the parties in this suit should file the pleadings in the High Court for the purpose of obtaining the Grant for Letters of Administration and then have them confirmed, before they can deal with the suit property.
10. It is only after the High Court has finalized the process of distributing the Estate of the deceased that the parties herein can deal with the suit property in line with the orders of the High Court.
11. In the meantime, the status quo prevailing should be maintained.
12. For those reasons, I make the following specific orders:
a. The prevailing status quo in respect of parcel of land known as Kilifi/Mtondia/209 to be maintained, meaning that no one should sell, transfer, alienate or convey the said land pending the hearing of this suit or further orders of this court or the High Court.
b. That costs of the Application to be in the cause.
DATED AND SIGNED AT MACHAKOS THIS 2NDDAY OF MAY, 2017.
O.A. ANGOTE
JUDGE
DATED, DELIVEREDANDSIGNEDATMALINDITHIS12THDAY OFMAY, 2017.
J.O. OLOLA
JUDGE