DANIEL MWALIMU MAILU & another v SIMON MUSILI MAILU & another [2009] KEHC 1797 (KLR)
- Court
- High Court of Kenya
- Case number
- 1797
- Citation
- [2009] KEHC 1797 (KLR)
- Decided
- 26 August 2009
The decisions of the Machakos Land Disputes Tribunal are binding on this court, and the court can only order the distribution of the properties listed in the decision.
Facts
The estate of Mailu Nthumbi (deceased) was in dispute, with properties in dispute including titles Nos. Wamunyu/Kyamatula/100, 103 and 104, and a plot at Yathui Market. The Machakos Land Disputes Tribunal had previously decided to share these properties between the deceased's wives.
Issues
- Are the decisions of the Machakos Land Disputes Tribunal binding on this court?
- Can this court suo motu determine that the Tribunal's proceedings should not be upheld?
Reasoning
The court notes that the properties in dispute are readily available for distribution, and the proceedings before the Tribunal were conducted under the Land Disputes Tribunals Act. The court upholds the decision to share the properties between the deceased's wives.
Outcome
The court upholds the decision to share the properties between the deceased's wives.
Orders
- plot No. 40 Yathui Market
- title No. Yathui/Kyanguluni/690
Authorities cited
Legislation (2)
- Land Disputes Tribunals Act
- Civil Procedure Rules
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