Erustus VS Office of the Land Registrar AND TIRAS MWAVALI AND 2 Others

This ruling is in respect of the Chamber Summons application dated 4^th September 2024. The application seeks for;

1. An order to the Vihiga County Surveyor and Land Registrar to visit the estate of the deceased comprising L. R. NO. NORTH MARAGOLI/KEGONDI/320 and subdivide the same pursuant to the confirmed grant dated 9^th February 2024.
2. An order that L. R No. NORTH MARAGOLI/KEGONDI/320 in the name of REUBEN MWAVALI LUSIOLA be distributed amongst the deceased’s beneficiaries as set out in SUCCESSION CAUSE NO 159 OF 2022
3. An order that costs of the application be provided for.

The grounds upon which the application was brought are shown on the face of the application and the Supporting Affidavit.

The application was opposed on the grounds that the court lacks jurisdiction.

I have considered the application and the submissions made thereon orally on 14^th November 2024.

The application is brought under the provisions of section 47 of the Law of Succession Act and Rule 7 of the Probate Rules. The prayers sought concern distribution of the estate of Reuben Mwavali Lusiola, deceased and/or implementation of the Certificate of Confirmation of Grant. These are matters that are predominantly within the jurisdiction of the Probate and Administration Court.

I find that the application is improperly before this court. The application is hereby struck out. No order as to costs.

Orders accordingly.

Ruling, dated and signed at Vihiga, read virtually this 28^th Day of November 2024 through Microsoft Teams Online Application.

E. ASATI,

JUDGE.

In the presence of:

Maureen- Court Assistant.

Applicant present in person (logged in from Kitale Prison).

No appearance for the Respondents.