Nderitu (suing representative of the Estate of George Ndungu Kamunge (Deceased) v Kihara & 3 others (being sued as legal representatives of the Estate of Kihara Muthiora Kinyungu alias Kihara Muthiora) (Succession Cause 443 of 2014) [2022] KEHC 324 (KLR) (Family) (1 April 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 324
- Citation
- [2022] KEHC 324 (KLR)
- Decided
- 1 April 2022
The court holds that the Probate Court does not have jurisdiction to determine the ownership of the suit land, and the matter is referred to the Environment and Land Court.
Facts
The Applicant, Mary Njeri Nderitu, seeks to annul the grant of property known as Laikipia/Kalalu/35 to the Respondents, who are the legal representatives of the Estate of Kihara Muthiora Kinyungu. The Applicant claims the property was sold and transferred to her late husband prior to his death.
Issues
- Whether the Probate Court has jurisdiction to determine the ownership of the suit land
- Whether the suit land forms part of the estate of the deceased
Reasoning
The court follows the principle that without requisite jurisdiction, a court must down its tools. The court refers the matter to the ELC as matters relating to ownership, use, and occupation of land are now under the jurisdiction of the ELC.
Outcome
The application is dismissed.
Orders
- The court dismisses the application for review and annulment of the grant.
- The matter is referred to the Environment and Land Court.
Authorities cited
Legislation (4)
- Probate and Administration Rules
- Civil Procedure Rules 2010
- Environment and Land Court Act
- Constitution of Kenya 2010
Cases cited (2)
- Owners of Motor Vessel 'lillian S' v Caltex Oil (K) Ltd
- Re Estate of GKK (Deceased)
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