Kinyua Koech Ltd & 2 others v Nairobi Homes (Mombasa) Ltd & 11 others [2014] KEELC 330 (KLR)
The bottom line
#A Kenyan court ruled that once a succession court has divided a deceased person's property, disputes between heirs must return to that succession court, not a new lawsuit.
What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court could grant relief over property whose ownership had been determined in a concluded succession cause
The court declined to grant the injunction because title to the suit property was decided by the succession court and no dispute as to use or occupation existed.
The court held that it is constitutionally mandated to determine disputes relating to the environment, use and occupation of, and title to land. Here the title to the property had been decided by the succession court at Nairobi which distributed the estate. Since there was no dispute as to use or occupation, the declaratory and injunctive relief sought could not be granted.
Whether joint administrators of an estate may act separately, including in contracting for management of estate property
Joint administrators must concur in dealings with interests in land; disagreement between administrators must be resolved in the succession court.
Relying on Williams Mortimer and Sunnucks on Executors, Administrators and Probate and Re Taylor, the court held that although the acts of one executor may bind all for purposes of administration, all executors must concur in dealings with interests in land. The two administrators here had disagreed, so the proper forum was the succession court, not this suit.
Whether the administrators could enter a five-year management contract when their statutory administration period was due to expire
The court questioned the validity of the contract but left that question to the succession cause.
Under Section 83(g) of the Law of Succession Act, administrators must complete administration within a period extendable by the court. The administrators had six months after final distribution to conclude management, yet had contracted for five years from February 2012. The court left this and related questions to the succession cause.
Legal principles established
#- Administrators of a deceased's estate must act jointly, particularly in dealings with interests in land; where they disagree, the matter must be returned to the succession court.
- Once a succession court has distributed an estate, ownership of estate property is conclusively determined.
Court orders
#- 1.The application filed on 17th March 2014 is dismissed
- 2.The application dated 27th March 2014 is dismissed
- 3.No order as to costs
- 4.Any party is at liberty to move the court for further orders in regard to the suit filed herein
- Jurisdiction invoked
- Article 162(2) of the Constitution - the court is set up to determine disputes relating to the environment, use and occupation of, and title to land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kinyua Koech Ltd & 2 others v Nairobi Homes (Mombasa) Ltd & 11 others [2014] KEELC 330 (KLR)", Case Analysis (2014). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/330/eng@2014-07-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.