Vitalis Agunda Juma (Suing as the Administrator of the Estate of the late Dalmas Juma Ochieng (Deceased) v John Nyakure Ochieng [2018] KEELC 3390 (KLR)

Facts

The Plaintiff, as the administrator of the estate of the late Dalmas Juma Ochieng, filed a suit against the Defendant, claiming fraud and illegality in the Defendant's registration of land parcel Siaya/Mulaha/20. The Defendant filed a preliminary objection, arguing that the High Court had jurisdiction to hear the case.

Issues

1. Whether the claim raised in the pleadings are matters on the administration and distribution of the estate of the deceased.
2. Whether this Court has jurisdiction to deal with the suit.
3. Who pays the costs of the Preliminary Objection.

Reasoning

The Court ruled that the High Court's previous order in Succession Cause No. 73 of 1993 did not preclude this Court from hearing the case, and that the Plaintiff's recourse under Section 76 of the Law of Succession Act is to move the High Court.

Outcome

Appeal dismissed