Betty Muindi Wilson & 4 others v Mathew Ndunda Wilson & 18 others [2017] KEHC 7806 (KLR)
- Court
- High Court of Kenya
- Case number
- 7806
- Citation
- [2017] KEHC 7806 (KLR)
- Decided
- 15 February 2017
The Interested Parties' application for joinder is struck out as incompetent and costs are paid by the proposed interested parties to the Objectors. The Objectors' application is dismissed with costs to the Administrators and the proposed interested parties.
Facts
The case involves a dispute over the sale of estate property by the deceased to the objectors and interested parties. The objectors seek revocation of the sale and transfer of the property to them.
Issues
- Whether the proposed interested parties' application for joinder is competent.
- Whether the Objectors' Summons for nullification and cancellation of Interested Parties' titles is granted at this stage due to breach of court order.
Reasoning
The court found that the proposed interested parties have an interest in the suit and must be heard on the validity of the transfers. The objectors' application for revocation of the amended confirmed grant is dismissed.
Outcome
The Interested Parties' application for joinder is struck out and the Objectors' application is dismissed.
Orders
- The Interested Parties' application for joinder is struck out.
- The Objectors' application is dismissed.
- The proposed interested parties are at liberty to enter appearance and file replying affidavits to the Objectors' Summons.
Remedies
- Costs are paid by the proposed interested parties to the Objectors.
- The interim orders are extended to maintain the status quo pending the hearing and determination of the application for revocation of the Confirmed Grant.
Authorities cited
Legislation (3)
- Law of Succession Act
- Land Registration Act
- Constitution of Kenya
Cases cited (1)
- Musa Nyaribari Gekone & 2 others v Peter Miyienda & another [2015] eKLR.
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