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ELCStruck OutEnvironment & Land Case No. 119 of 2016· [2017] KEELC 1478 (KLR)

Priscillah Nakhungu Kuloba v Wycliffe Wamalwa Asimani Biketi [2017] KEELC 1478 (KLR)

Environment and Land Court
3 October 2017
SMS. Mukunya
555 words in judgment
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The bottom line

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A Kenyan court struck out a land dispute because inheritance matters belong in the Succession Court, not a parallel land case.

What this practically means

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Executive summary

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The applicant, a dependant of Biketi Wabomba (deceased), owner of land parcel Bokoli/Misikhu/119, filed a Notice of Motion dated 5th April 2017 under Section 68 of the Land Registration Act and provisions of the Civil Procedure Act seeking an order of inhibition prohibiting all dealings over the suit parcel pending hearing of the suit. She alleged that the land had been transferred unlawfully and that the respondent was seeking Land Control Board consent to subdivide and transfer it to third parties, defeating the cause of justice. The respondent opposed, stating he was duly appointed administrator of the deceased's estate in Bungoma Succession Cause No. 136 of 2014 with the blessings of the other beneficiaries, that succession was at an advanced stage with a confirmation application filed, and that the ELC lacked jurisdiction as the applicant's claims as a beneficiary could only be canvassed in the Succession Court. The court found it undisputed that the suit land belonged to the deceased, both parties were his dependants, and a succession cause pending confirmation and distribution existed. It held that the applicant's grievances must be channeled through the Succession Cause, that the court had no jurisdiction at that moment, and that maintaining a parallel suit served no purpose. Both the suit and the application were struck out, each with no order as to costs.

Key legal issues

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01

Jurisdiction of the Environment and Land Court over land forming part of a deceased's estate with a pending succession cause

Holding

The court has no jurisdiction to entertain the suit while the succession cause is pending; the applicant's grievances as a beneficiary belong in the Succession Court.

Reasoning

The suit land belonged to Biketi Wabomba, deceased, and both parties are his dependants. Letters of administration were granted to the respondent in Bungoma Succession Cause No. 136 of 2014, which is pending confirmation and distribution. Since the estate, including the suit parcel, falls to be distributed in that cause, keeping a parallel suit in the ELC would serve no purpose.

p. 2

Legal principles established

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  • Where the ownership and distribution of a deceased person's land is in issue and a succession cause is pending, grievances of a beneficiary must be channeled to the Succession Court and a parallel suit in the ELC cannot stand.

Court orders

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  1. 1.The suit is struck out
  2. 2.The Notice of Motion dated 5th April 2017 is struck out
  3. 3.No order as to costs on both the suit and the application
Jurisdiction invoked
Sections 68 of the Land Registration Act 2012 and 1A, 1B and 3A of the Civil Procedure Act; Order 51 rule 1 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Priscillah Nakhungu Kuloba v Wycliffe Wamalwa Asimani Biketi [2017] KEELC 1478 (KLR)", Case Analysis (2017). Environment & Land Case No. 119 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1478/eng@2017-10-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.