ABEDNEGO ODONGO KABOLE VS ALBERT OSILU KABOLE AND THE LAND REGISTRAR COUNTY GOVERNMENT OF VIHIGA AND 3 Others

This ruling is in respect of the Notice of Motion application dated 25^th January, 2024. It seeks for a total of 9 prayers. Prayers 1 to 4 of the application are spent as they sought for interim relief before inter parties hearing of the application. The rest of the prayer are:-

1. That the Hon. Court be pleased to have the matter referred to the Court Annexed Mediation process prior to its assumption of jurisdiction in the matter.
2. That in the unlikely event that the above (5) comes a cropper, the Location Administration be and is hereby directed to avail a copy of the minutes of the family meeting in their custody and record(s) that purportedly authorized and/or appointed the 1^st Defendant as the Administrator of our late father’s estate.
3. That 2^nd Defendant be and is hereby directed to avail all the documentations, including but not limited to the evidence of County Board meetings Letter of Administration and respective consents and documentations from the Respondent that he relied on to progress the matter to the point of the suit property being subdivided and or title deeds, without prejudice, issued in respect.
4. That the 3^rd Defendant be and is hereby directed to avail the survey maps and records the basis upon which the said surveys and maps may have been conducted and drawn to the point of changing the ownership of the suit property and or obtaining the title in respect to same.
5. That costs of the application be provided for.

The application was based on the grounds on the face of the application and the averments in the Applicant’s Supporting Affidavit sworn on 25^th January, 2024.

The application was opposed vide the contents of the Replying Affidavit sworn by the 1^st Respondent and filed on 25^th February, 2025.

At the beginning of the matter, the court referred the matter to Alternative Justice System for amicable settlement under the Chairmanship of the are Chief but there was no resolution.

I have considered the application and the grounds in opposition thereto. The prayers in the application relate to production of documents vide which the Applicant claims the suit property was transmitted. The Applicant’s complaint seems to relate to the estate of his father and administration and distribution thereof. These are maters outside the jurisdiction of this court and within the Probate and Administration jurisdiction either at the Magistrate’s Court or the High Court, depending on the value of the estate.

For the reasons, I find that the matter is improperly before this court. Further, even if the matter was within the jurisdiction of this court, no basis has been laid for grant of the orders sought; no cause of action has been established against the Respondent and the Applicant has not demonstrated that he has locus standi to bring the action.

A document titled Power of Attorney was introduced by the Applicant, intended to give a third-party locus standi to act on his behalf. However, the said document was not registered as required by law.

The court finds that the application is misconceived and hereby dismisses it. No orders as to costs.

Orders accordingly.

Ruling dated and signed at Vihiga, read virtually this 12^th day of June, 2025 through Microsoft Teams Online Application

E. ASATI

JUDGE

In the presence of:

Ajevi – Court Assistant

Applicant present in person

1^st Respondent present in person.