Samson Menda Juma v Registered Trustees Getuki Catholic Church Centre – Sengera Parish & 2 others [2018] KEELC 3376 (KLR)
The bottom line
#The court dismissed a land claim because inheritance disputes over a deceased person's property must first be resolved in a succession cause, not a land court.
What this practically means
#Executive summary
#Key legal issues
#Status of Kisii HC Succ. Cause No. 250 of 2002
The succession cause was never finalized; the grant was never confirmed and is contested by the plaintiff's brother
The court suo moto retrieved the succession file and found the grant issued on 14 March 2005 was never confirmed; the file was deemed closed by Muchelule, J on 15 May 2009 and an application for revocation of grant by the plaintiff's brother was struck out on 9 March 2016 because the closed file had not been reopened.
Sustainability of the instant suit while succession proceedings are pending
The suit is unsustainable; distribution of the deceased estate is for the succession court, not the ELC
The only asset disclosed in the estate was parcel Majoge/Boochi/138. The green card showed registration of the plaintiff subject to a certificate of confirmation of grant, later removed, and the parcel was subdivided into 3951-3963. How beneficiaries of the subtitles were determined is a matter for the succession court, which this court lacks mandate to decide.
Fraud against the 1st and 2nd defendants
Fraud was not proved; the plaintiff was a willing participant and did not discharge the higher burden
The plaintiff gave an untruthful account of a prison term to explain documents he executed; he never explained why the succession cause was not completed. The defendants' interest was only in parcel 3959, so they did not cause the subdivision of parcel 138. The burden of proving fraud lay on the plaintiff and was not discharged.
Legal principles established
#- It is the succession court that has the authority and jurisdiction to determine the beneficiaries of a deceased estate and the distribution of its assets
- The burden of proving fraud is higher than a balance of probabilities though below the criminal standard, and rests on the party alleging it
- A suit filed while a succession cause over the same estate remains pending and unfinalized is an abuse of the court process
Court orders
#- 1.The plaintiff's suit is dismissed
- 2.Costs of the suit awarded to the 1st and 2nd defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes; the court found the succession court, not this Court, seized with authority over distribution of the deceased estate
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samson Menda Juma v Registered Trustees Getuki Catholic Church Centre – Sengera Parish & 2 others [2018] KEELC 3376 (KLR)", Case Analysis (2018). Kisii ELC Case (as pleaded; suit concerning Majoge/Boochi/138). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3376/eng@2018-05-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.