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ELCOtherNotice of Motion dated 22nd December 2014 (suit property references Kiambaa/Ruaka/2512 and Kiambaa/Ruaka/2520)· [2017] KEELC 2754 (KLR)

Leah Wanja Njenga & another v Emma Wanjiku Marekia & 2 others [2017] KEELC 2754 (KLR)

Environment and Land Court
19 May 2017
MGMARY M. GITUMBI
908 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled that disputes over a dead relative's land must go to the High Court's Family Division, not the Environment and Land Court.

What this practically means

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Executive summary

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The Plaintiffs, six sisters, moved the court by Notice of Motion dated 22nd December 2014 seeking a temporary injunction restraining the Defendants from alienating, transferring, trespassing on or interfering with parcels Kiambaa/Ruaka/2512 and Kiambaa/Ruaka/2520, pending hearing of the suit, plus an order of inhibition and police enforcement. They claimed beneficial interests as part of their late father Peter Njenga Marekia's estate, which under a Certificate of Confirmation of Grant in Kiambu Succession Cause No. 66 of 2003 devolved to their late brother to hold in trust for them. They alleged the 1st Defendant, their sister-in-law, forged a High Court Confirmation of Grant and transmitted the properties to herself, then fraudulently transferred Kiambaa/Ruaka/2512 to the 2nd Defendant, who claimed to be an innocent purchaser for Kshs. 7 million without notice and raised a preliminary objection on locus standi. The court framed the main issue as whether to grant the injunction, but held that since the Plaintiffs' claim is primarily in respect of a deceased person's estate, the governing law is the Law of Succession Act and the Environment and Land Court lacks jurisdiction; the Family Division of the High Court is the proper forum. The suit was transferred to the Family Division to be placed before its Presiding Judge. The injunction and inhibition applications were not determined on the merits, and no costs order was made.

Key legal issues

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Jurisdiction of the Environment and Land Court over a claim founded on beneficial interests in a deceased person's estate

Holding

The ELC lacks jurisdiction; the claim is governed by the Law of Succession Act and belongs to the Family Division of the High Court

Reasoning

The Plaintiffs claimed beneficial interests in the suit properties as part of their late father's estate, held in trust for them by their late brother under a confirmed grant in Kiambu Succession Cause No. 66 of 2003. Because the claim is primarily about a deceased person's estate, the applicable law is the Law of Succession Act, and the appropriate forum is the Family Division of the High Court, not the ELC. The court therefore did not rule on the injunction or the 2nd Defendant's preliminary objection but transferred the suit.

p. 3

Legal principles established

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  • The Environment and Land Court has no jurisdiction over claims primarily concerning the estate of a deceased person, which fall to be determined by the Family Division of the High Court under the Law of Succession Act

Court orders

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  1. 1.The suit is transferred to the Family Division of the High Court and to be placed before the Presiding Judge of that Division on the date the court shall fix

Authorities

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Legislation

  • Law of Succession Actnot specified (intestate succession and administration of estates)
Jurisdiction invoked
Jurisdiction of the Environment and Land Court vis-a-vis the Family Division of the High Court under the Law of Succession Act; the court held the ELC lacked jurisdiction over a claim concerning a deceased person's estate

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, "Leah Wanja Njenga & another v Emma Wanjiku Marekia & 2 others [2017] KEELC 2754 (KLR)", Case Analysis (2017). Notice of Motion dated 22nd December 2014 (suit property references Kiambaa/Ruaka/2512 and Kiambaa/Ruaka/2520). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2754/eng@2017-05-19

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