Francis Kiplangat Chabas & 3 others v Willy Kipkurui A. Rono & 3 others [2019] KEELC 3408 (KLR)
The bottom line
#The Environment and Land Court dismissed a family land trust dispute, ruling that complaints about how an estate is managed belong in the High Court's succession division.
What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court has jurisdiction over a dispute concerning a plot directed by a Certificate of Confirmation of Grant to be held in trust for beneficiaries
The court lacks jurisdiction because the dispute arises out of the administration of the deceased's estate, not out of a trust under a deed or instrument; the proper forum is the High Court in the succession cause.
Order 37 applies where a trust deed or instrument exists. Here no trust deed or instrument was registered; the Certificate of Confirmation of Grant merely directed the administrators to hold the plot in trust for beneficiaries. Complaints about the administrators' management of an estate asset fall within the High Court's probate jurisdiction under sections 76 and 83 of the Law of Succession Act. The ELC's jurisdiction under Article 162(2)(b) and section 13 of the ELC Act does not extend to probate and administration disputes.
Whether Order 37 of the Civil Procedure Rules is the appropriate vehicle for the suit
Order 37 does not apply as no trust deed or instrument exists; the invocation of the order was misconceived.
The court examined Order 37 Rule 1 and found it applies to executors, administrators and trustees under a deed or instrument, and to persons claiming as cestui que trust under such a deed or instrument. Since the alleged trust arose solely from the probate court's direction in the Certificate of Confirmation of Grant and no trust instrument was registered, the originating summons could not lie, and intervention at this stage would be premature since administration of the estate is incomplete.
Legal principles established
#- A court without jurisdiction must down its tools and cannot make any further step in the proceedings
- Order 37 of the Civil Procedure Rules applies to a situation where there is a trust deed or instrument, and absent a registered trust instrument, disputes arising out of the administration of a deceased's estate fall outside the Environment and Land Court's jurisdiction
Court orders
#- 1.The suit is dismissed for lack of jurisdiction.
- 2.Each party shall bear their own costs.
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Kiplangat Chabas & 3 others v Willy Kipkurui A. Rono & 3 others [2019] KEELC 3408 (KLR)", Case Analysis (2019). Originating Summons filed 20th August 2018 (Kericho). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3408/eng@2019-04-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.