Josiah Ouma Mbori & another v Edward Odhiambo Oria (Being the legal representative of the estate of the late Chrysanthus Onyuka) [2020] KEELC 3364 (KLR)
- Court
- Environment & Land Court
- Case number
- 3364
- Citation
- [2020] KEELC 3364 (KLR)
- Decided
- 27 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccession DisputePostureApplication to inhibit registration and other instruments in respect of suit propertyCoramGikonyo, L. Mbugua, Mrima, Musyoka, Mwita, Nyamweya, Ojwang
Holding
The court dismissed the preliminary objection and allowed the application.
Facts
The applicants purchased a property from the deceased, but the property has not been formally transferred to them. The respondent took out temporary letters of administration in the deceased's estate, which the applicants claim is an illegal attempt to dispossess them of the property.
Issues
- Jurisdiction of the court to adjudicate on succession matter
- Incompetence of the plaintiffs' notice of application
- Dispute over the succession of the property
Reasoning
The court ruled that the court has jurisdiction to adjudicate on the succession matter, and the plaintiffs' notice of application was not incompetent. The court also stated that the dispute over the succession of the property remains to be ascertained and does not constitute a preliminary objection.
Outcome
Application allowed
Authorities cited
Cases cited (6)
- Mukisa Biscuits Manufacturing Company Limited -vs- West End Distributors (1969) EA 696
- John Musakali vs. Speaker County of Bungoma & 4 others (2015) eKLR
- County Government of Migori -vs- I N B Management IT Consulting Limited [2019] eKLR
- Oraro -vs- Mbaja (2005) KLR 141
- Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd [1989] KLR 1
- Samuel Kamau Macharia & Another vs. Kenya Commercial Bank Limited & others (2012) eKLR
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.
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