Ngotho Commercial Agencies Ltd v Mwangi & 3 others (Civil Appeal 137 of 2018) [2023] KECA 26 (KLR) (26 January 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 26
- Citation
- [2023] KECA 26 (KLR)
- Decided
- 26 January 2023
The Court dismissed the appeal and held that the High Court had no jurisdiction to resolve the proprietary interest on land based on the alleged trust. The appellant must first establish his claim against the deceased by filing suit against the administrators.
Facts
Ngotho Commercial Agencies Ltd filed objection proceedings in the Succession Cause in respect of the Estate of the late Solomon Mwangi Waweru, claiming ownership of two properties. The respondents resisted the proceedings, arguing the appellant had no locus standi and the High Court lacked jurisdiction.
Issues
- Whether the High Court had jurisdiction to arbitrate on a land dispute.
- Whether the appellant had locus standi to file objection proceedings.
- Whether the court erred in dismissing the objection proceedings.
Reasoning
The court found that the High Court lacked jurisdiction to arbitrate on a land dispute and that the appellant had no locus standi to file objection proceedings. The court also held that the dispute should be litigated in separate proceedings in the Environment and Land Court.
Outcome
Appeal dismissed with costs to the respondent.
Orders
- The appeal is dismissed.
- The respondents are entitled to costs.
Authorities cited
Cases cited (2)
- Estate of Njuguna Igwima, High Court (Nairobi), Succession Cause No. 1905 of 2012
- Estate of Alice Mumbua Mutua, High Court (Nairobi) Succession Cause No. 3142 of 2003
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