Miriam Rajab suing thro’ John Nchiroine Konchellah v Erick Kipen Konchellah & 3 others [2018] KEELC 1531 (KLR)
The bottom line
#A widow's land claim collapsed because she obtained a fresh administration grant over an estate already fully administered, so the court struck out her suit.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff had locus standi to institute the suit
The plaintiff lacked the requisite locus standi because she obtained interim letters of administration ad litem in Narok over an estate whose grant had been confirmed in Nairobi High Court Succession Cause No. 314 of 1994.
The court noted that the defendants' grant was confirmed on 24th March 1994, while the plaintiff obtained her interim grant ad litem on 25th July 2017. The plaintiff did not explain why she did not apply to the court that made the confirmed grant to stake her claim or seek revocation. Obtaining a parallel interim grant over a fully administered estate was therefore unprocedural and robbed her of capacity to sue.
Whether the Environment and Land Court had jurisdiction over the dispute
The court held that although the matter touched on a succession estate, the dominant cause of action concerned land, over which the ELC has jurisdiction; the court was not determining entitlement to the estate.
The judge acknowledged that the court was not the Family Court and was not determining whether the plaintiff had a share in the estate. However, the substantive claim concerned land, which is the dominant cause of action, and land disputes fall within the ELC's jurisdiction under Article 162(2)(b) of the Constitution.
Legal principles established
#- A litigant cannot obtain fresh interim letters of administration over an estate in which a competent court has already confirmed a grant; such a litigant lacks capacity to sue.
Court orders
#- 1.The plaintiff's suit is struck out
- 2.Costs of the application awarded to the defendants
- Jurisdiction invoked
- Environment and Land Court jurisdiction over land disputes; application brought under Sections 1A, 1B of the Civil Procedure Act and Order 2 Rule 15(1)(b), (c) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Miriam Rajab suing thro’ John Nchiroine Konchellah v Erick Kipen Konchellah & 3 others [2018] KEELC 1531 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1531/eng@2018-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.