In re Richard Muthee Njeru and Lucy Wagatwe Thiong’o (Ex-Parte Applicants) [2019] KEELC 1305 (KLR)
The bottom line
#Kenya's Environment and Land Court dismissed a bid to extend time to sue over land because the applicants failed to prove they were the estate's administrators.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants had the locus to invoke Section 26 of the Limitation of Actions Act for extension of time
The application failed because the applicants did not demonstrate that they were joint administrators; the grant itself was not exhibited and the certificate of confirmation did not show when the grant was issued.
The originating summons was taken out jointly by two applicants, but the exhibited certificate of confirmation of grant named only Richard Muthee Njeru and did not indicate when it was issued. Lucy Wagatwe Thiongo's locus was unknown. The court could not exercise its Section 26 jurisdiction without evidence of joint administration and the date of the grant, both of which were missing.
Whether counsel's oral submissions on a claim in nuisance could be considered
Submissions made from the bar, not anchored on any substantive motion or evidential material, were rejected.
Counsel stated from the bar that the claim would be premised on the tort of nuisance with a claim for damages. The court held that such submissions, having no anchorage in the application or supporting evidence, could not inform its decision on the extension application.
Legal principles established
#- An application to extend the limitation period for actions to recover land ought to be brought by the administrator(s) of the estate, whose locus must be demonstrated by evidence including the grant of letters of administration itself
- Submissions made from the bar without a substantive motion or evidential material cannot be considered by the court
Court orders
#- 1.The originating summons dated 12/3/2019 is dismissed for lack of merit
- Jurisdiction invoked
- Section 26 of the Limitation of Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Richard Muthee Njeru and Lucy Wagatwe Thiong’o (Ex-Parte Applicants) [2019] KEELC 1305 (KLR)", Case Analysis (2019). Originating Summons dated 12/3/2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1305/eng@2019-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.