Eglyne Chepchirchir Choge & 3 others (Suing as Administrators to the Estate of Simeon Kiptum Choge (Deceased) v Singa Ham Edambo & 3 others [2020] KEELC 3096 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court had jurisdiction to determine the suit
The court lacked jurisdiction because the defendants' title flowed from a confirmed grant in Kisumu Succession Cause No. 58 that had not been revoked
The defendants held title issued upon registration of the certificate of confirmation of grant. The plaintiffs' real grievance was with the distribution in the succession cause. The proper remedy was revocation or annulment of the grant under Section 76 of the Law of Succession Act and Rule 44 of the Probate and Administration Rules, not a fresh declaratory suit in this court.
Whether the suit land belonged to the estate of Simeon Kiptum Choge
The court declined to make this declaration, holding that such a determination belongs to the succession forum
Although adjudication records and appeal proceedings indicated the land was to be registered in Simeon Choge's name, a succession cause had listed the parcel and distributed it to the defendants, and the grant remained unrevoked. An earlier attempt by the deceased to have the grant revoked lapsed. The court therefore could not declare the land part of the estate.
Legal principles established
#- Where title derives from a confirmed grant in a succession cause that has not been revoked, a party must seek revocation or annulment of the grant rather than challenge the title in a fresh suit
- A claim to have property declared part of a deceased's estate lies in the succession court while the grant remains in force
Court orders
#- 1.The plaintiffs' suit is dismissed with costs to the defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes (suit filed by plaint); jurisdiction disputed by the court itself
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eglyne Chepchirchir Choge & 3 others (Suing as Administrators to the Estate of Simeon Kiptum Choge (Deceased) v Singa Ham Edambo & 3 others [2020] KEELC 3096 (KLR)", Case Analysis (2020). Not stated in judgment (Plaint dated 12th February 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3096/eng@2020-03-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.