Customer Support

NGOTHO COMMERCIAL AGENCIES LTD
V.
MWANGI & 3ORS

(2023) JELR 113554 (CA)

Court of Appeal 26 Jan 2023 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CIVIL APPEAL 137 OF 2018
Judges:F. SICHALE, JA L. ACHODE, JA W. KORIR, JA
Location:Nakuru

Judgment

  1. Ngotho Commercial Agencies Limited, the then objector and the appellant herein filed objection proceedings in the Succession Cause in respect of the Estate of the late Solomon Mwangi Waweru. In the objection, the appellant contended that he was the rightful owner of two properties known as Kiambogo/Kiambogo Block2/17214 and Kiambogo/Kiambogo Block 2/17215, the same having been transferred to him by the deceased; that he paid Kshs 398,000.00 as consideration which sum was used to offset the deceased’s debts. However, the deceased died before the two properties were transferred to him.

  2. The objection proceedings were resisted by Elizabeth Muchiri Mwangi, Francis Muchiri Mwangi, Ephantus Kimori Mwangi & Timothy Mugambi Mwangi, the respondents herein on the basis that the appellant had no locus standi to file objection proceedings and secondly, that the High Court lacked jurisdiction to arbitrate on a land dispute.

  3. On June 12, 2018, Ndung’u, J dismissed the objection proceedings on t…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.