TRM (Suing as the Legal Representative of MAM - Deceased) v TMM (Civil Case 1 of 2023) [2025] KEHC 9873 (KLR) (Family) (4 July 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 9873
- Citation
- [2025] KEHC 9873 (KLR)
- Decided
- 4 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMatrimonial Property DisputePostureOriginal TrialCoramP. M. NYAUNDI
Holding
The court has jurisdiction to hear the application and the properties are matrimonial property belonging to both parties.
Facts
The deceased was married to the respondent and the applicant is her stepson. The properties in dispute were registered in the respondent's name and were allegedly acquired through joint effort between the deceased and the respondent.
Issues
- Whether the court has jurisdiction to hear the application.
- Whether the properties are matrimonial property and the rights of the parties over them.
Reasoning
The court ruled that the applicant has the capacity to lodge the originating summons as he is the legal representative of the deceased's estate and the Matrimonial Property Act allows trustees to commence proceedings.
Outcome
The application is allowed.
Orders
- The court will proceed to hear the application.
- Owing to the relationship between the parties, there shall be no order as to costs.
Remedies
- A declaration that the properties are matrimonial property belonging to both parties.
- An order that the respondent be restricted from evicting the applicant from the matrimonial property.
Authorities cited
Legislation (2)
- Matrimonial Property Act 2013
- Land Registration Act 2012
Cases cited (7)
- MNK v POM [2019] eKLR
- Re Estate D M M (Deceased) (Succession Cause 131 of 2017) [2018] KEHC 6321
- Re Estate of Chege Muikaria (Deceased) [2016] eKLR
- TMW v FMC [2018] eKLR
- Hamida Sadiq Valomohamed (Suing as the Personal Representative of the Estate of Shabbier Sidik Omar (Deceased) v Gulf Bank Limited & Anor [2021] eKLR
- Re Estate of Joseph Masila Mutiso (Deceased) [2017] eKLR
- Re Estate of JMM (Deceased) [2020] 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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