Peter Mwongerah & another v Patrick Safari Muindi [2014] KEHC 2644 (KLR)

Facts

The applicants sought to cancel a mutation form and resurvey land parcels, while the respondent argued the case should be heard in the Environment and Land Court.

Issues

1. Whether the respondent’s preliminary objection is merited
2. Whether the issues raised in the applicants' application are Succession matters or land disputes

Reasoning

The court has jurisdiction to determine the application under the Law of Succession Act and Rule 73 of the Probate and Administration Rules, as the issue is between beneficiaries and their respective shares in the deceased estate.

Outcome

Dismissed with costs

Authorities cited