Succession Cause 125 of 1994

Case Metadata
Case Number:	Succession Cause 125 of 1994
Parties:	In re Estate of Daudi Mukolwe (Deceased)
Date Delivered:	30 Jun 2022
Case Class:
Court:	High Court at Kakamega
Case Action:	Ruling
Judge(s):	Patrick J. Okwaro Otieno
Citation:	In re Estate of Daudi Mukolwe (Deceased) (Succession Cause 125 of 1994) [2022] KEHC 11000 (KLR) (30 June 2022) (Ruling)
Advocates:	Ms. Kadenyi for Respondents, Mr. Mulama for Applicant
Court Division:	Family
County:	Kakamega
Advocates:	Ms. Kadenyi for Respondents, Mr. Mulama for Applicant
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Case Metadata

Case Number:

Parties:

In re Estate of Daudi Mukolwe (Deceased)

Date Delivered:

30 Jun 2022

Case Class:

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

Patrick J. Okwaro Otieno

Citation:

In re Estate of Daudi Mukolwe (Deceased) (Succession Cause 125 of 1994) [2022] KEHC 11000 (KLR) (30 June 2022) (Ruling)

Advocates:

Ms. Kadenyi for Respondents, Mr. Mulama for Applicant

Court Division:

Family

County:

Kakamega

Advocates:

Ms. Kadenyi for Respondents, Mr. Mulama for Applicant

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

In re Estate of Daudi Mukolwe (Deceased) (Succession Cause 125 of 1994) [2022] KEHC 11000 (KLR) (30 June 2022) (Ruling)

Neutral citation: [2022] KEHC 11000 (KLR)

Republic of Kenya

In the High Court at Kakamega

Succession Cause 125 of 1994

PJO Otieno, J

June 30, 2022

Between

Francis Shitenye

1^st Petitioner

Susan Mukabi

2^nd Petitioner

and

Stanley Kidaha Mukunza

Objector

Ruling

1.Now that it is apparent that confirmation was indeed effected way back in 2017 but land is yet to be subdivided in accordance with the Certificate of Confirmation of Grant, and it being common ground that there is pending ELC No. 127/2019 (OS) where the title or ownership of the land is in dispute, the court takes the view that the just thing to do is not to purport to hear the objection which is essentially claim to land.

2.The court considers the objection to be outside its jurisdiction and that purporting to hear and determine it shall be an abrogation of jurisdiction. I do find that it doesn’t lie here and parties must restrict its determination to the pending O.S. at the Environment and Land Court.

3.However in order that further disputes are not encouraged to crop up, it is directed that the status quo on the ground as of today preserved pending the determination of the O.S.

4.Mention on 8/11/2022 to confirm the progress made at the Environment and Land Court (ELC).

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 30TH DAY OF JUNE 2022.PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Kadenyi for the RespondentsMr. Mulama for the Objector/ApplicantCourt Assistant: Kulubi

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