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ELCOtherNot stated in judgment· [2015] KEELC 110 (KLR)

Alice Njeri Kanyonyi v Paul Njenga Remmy (Suing On Behalf Of The Estate Of Tereziah John Njenga (Deceased) & another [2015] KEELC 110 (KLR)

Environment and Land Court
9 October 2015
LGL. Gacheru
2,887 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Plaintiff, suing as administrator of the estate of John Njenga (deceased) together with her late brother, claimed that the deceased, registered owner of Ngong/Ngong/646, was polygamous with two houses, and that upon his death in 1968 the 1st Defendant's mother, Tereziah John Njenga, fraudulently procured registration of the suit property in her name in 1981 by misrepresenting herself as administrator, thereby disinheriting the first house. She sought rectification of the register, removal of a caution, a declaration of trust, and distribution of the 6-acre property among the surviving children. The 1st Defendant denied the existence of the first family, asserted that his mother lawfully obtained letters of administration, and counterclaimed for rectification in his favour, a declaration of lawful registration, and a permanent injunction, arguing the claim was time-barred. Both sides gave evidence; the Plaintiff's witnesses testified to the polygamous marriage, while the Defendant's witnesses denied knowledge of the first family. The Court noted that both parties held subsisting, unchallenged succession grants and that neither had sought revocation under Section 76 of the Law of Succession Act. It held that the real dispute - beneficiaries and entitlement to the net assets of the estate - falls within the Family Division of the High Court, not the Environment and Land Court, and granting either claim would effectively revoke a subsisting grant and interfere with a court of concurrent jurisdiction. The Court declined to find for either party but, under Section 68 of the Land Registration Act, entered an inhibition against all registrations on the title pending adjudication in the Family Division, directed service and registration of the order, set a mention within twelve months, and ordered each party to bear their own costs.

Key legal issues

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01

Jurisdiction of the Environment and Land Court over disputes on distribution of a deceased's estate

Holding

The Court lacks jurisdiction over the dispute as to beneficiaries and their entitlement to the net assets of the estate; that dispute belongs to the Family Division of the High Court, which alone can revoke grants of representation and distribute a possibly polygamous estate

Reasoning

Although the Court is established under Article 162(2)(b) and Section 13 of the Environment and Land Court Act to determine disputes relating to title to land, the real question between the parties is who are the beneficiaries of the deceased's estate. Granting either side's claim would effectively revoke one of the two subsisting, unchallenged succession grants, interfering with the process of a court of concurrent jurisdiction. Neither party had sought revocation under Section 76 of the Law of Succession Act.

p. 5
02

Preservation of the suit property pending adjudication in the competent forum

Holding

The Court exercised its power under Section 68 of the Land Registration Act to inhibit any registrations on the suit property to preserve the status quo pending proceedings in the Family Division

Reasoning

Having declined to grant either party's claim, the Court nonetheless invoked its constitutional mandate to administer justice and its statutory power of inhibition to protect the suit property from further dealings, giving the parties an avenue to effectually determine the questions of beneficiaries and distribution in the family court, with a mention after twelve months to monitor progress.

p. 5

Legal principles established

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  • The Environment and Land Court has no jurisdiction to adjudicate a dispute as to the beneficiaries and their entitlement to the net assets of a deceased's estate, including revocation of grants of representation, which falls within the Family Division of the High Court
  • Under Section 68 of the Land Registration Act the Court may enter an order of inhibition to preserve the suit property pending determination of the dispute in the competent forum

Court orders

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  1. 1.An order of inhibition entered against title to the suit property known as Ngong/Ngong/646 pending the adjudication of the dispute between the parties in the Family Division of the High Court, Nairobi
  2. 2.The Plaintiff to serve the inhibition order upon the 2nd Defendant who is directed to register the same in the appropriate register
  3. 3.The matter to be mentioned within twelve months of the date of the judgment to determine the progress made by either party
  4. 4.Each party to bear their own costs

Authorities

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Legislation

  • Constitution of KenyaArticle 162(2)(b)
  • Environment and Land Court ActSection 13
  • Land Registration ActSection 68
  • Law of Succession ActSection 76
Jurisdiction invoked
Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Alice Njeri Kanyonyi v Paul Njenga Remmy (Suing On Behalf Of The Estate Of Tereziah John Njenga (Deceased) & another [2015] KEELC 110 (KLR)", Case Analysis (2015). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/110/eng@2015-10-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.