Neshiro Noonkipa Kukuu v Daniel Tobiko Kukuu & 5 others [2021] KEELC 2218 (KLR)
- Court
- Environment & Land Court
- Case number
- 2218
- Citation
- [2021] KEELC 2218 (KLR)
- Decided
- 27 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureNotice of Preliminary ObjectionCoramMohamed N. Kullow
Holding
The court dismisses the application for lack of jurisdiction with no orders as to costs.
Facts
The Plaintiff, Neshiro Noonkipa Kukuu, is the widow of Mikis Lekinye Kipasenua, who died in 2002. The deceased left a written will bequeathing land to the Plaintiff and her six children. The Defendants claim the Plaintiff's suit is based on an alleged will and argue the court lacks jurisdiction.
Issues
- Whether the court has jurisdiction to hear and determine the suit.
- Whether the Plaintiff's claim is based on an alleged will.
Reasoning
The court ruled that the Plaintiff's claim is based on a will and that the court lacks jurisdiction to hear the suit, as the Principal Magistrates' Court in Kilgoris Law Courts already issued a Limited Grant of letters of Administration Ad Litem.
Outcome
Dismissed
Authorities cited
Cases cited (4)
- Mukhisa Biscuit Manufacturers Ltd –versus-West End Distributors ltd {1960} EA 696
- Nzele David Nzomo Versus Moses namayi Anyangu & ano {2009}eKLR
- Benson Ambuti Adega & Others v Kibos Destilolers Ltd & 5 Others (2020)Eklr
- Osman Tahir Sheikh Said & Ano (suing as the executors of the will of Tahir Sheikh Said Ahmed Versus Nomad Energy Ltd; Sabir Tahir Sheikh Said & 5 others (2019)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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