Rebecca Dola Miguda v Munyao Kioko Mang’eli & another (Being Personal Representatives of the Estate Dr.Kioko Mang’eli) [2020] KEELC 1060 (KLR)
- Court
- Environment & Land Court
- Case number
- 1060
- Citation
- [2020] KEELC 1060 (KLR)
- Decided
- 8 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to set aside injunctive ordersCoramE.O.OBAGA
Holding
The Applicants' application is dismissed with costs to the Respondent
Facts
The deceased, Dr. Kioko Mang’eli, was the original defendant in a suit filed by the Respondent. The deceased died on March 14, 2019, almost eight months after the injunctive orders were given. The suit properties, including the deceased's matrimonial home, were registered in the name of the Respondent.
Issues
- Whether the deceased was properly served with the application
- Whether the Applicants have a valid claim to the suit properties
Reasoning
The court was satisfied that there was proper service of the application, and the suit properties were registered in the name of the Respondent. The Applicants' claim is dismissed as the proper forum for their claim is the Family Division of the High Court.
Outcome
Dismissed with costs
Orders
- Application to set aside injunctive orders dismissed
Remedies
- Costs awarded to the Respondent
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…