Vilisila Kanini William v Mbithi Nthuka [2018] KEELC 1104 (KLR)

Facts

The Applicant and Respondent are jointly registered as proprietors of the suit properties, which were divided equally on the ground between them. The Respondent has declined to sign Mutation forms to sub-divide the suit properties into half.

Issues

1. Whether the suit property is before the court for determination.
2. Whether the suit has been commenced through procedural means.
3. Whether the matter before the court raises complex issues.
4. Whether the Respondent's refusal to sign Mutation forms amounts to a dispute between the parties.

Reasoning

The court held that the suit is a non-starter because the Applicant has not filed a Plaint, and the issues were settled by the Succession Court. The court also noted that parties are advised to always commence an action by way of a Plaint unless there is an alternative procedure provided for in the statute.

Outcome

The suit is struck out with costs.

Authorities cited