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ELCDismissedApplication dated 7th February, 2018· [2019] KEELC 4988 (KLR)

Kapiti Investment Company Limited v District Land Registrar, Machakos; Ruth Mbithe Ndunda & another (Intended 1st Interested Parties) [2019] KEELC 4988 (KLR)

Environment and Land Court
18 January 2019
OAO.A. ANGOTE
586 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 beneficiaries of an estate cannot join a land dispute as interested parties unless they first succeed in their succession objection proceedings.

What this practically means

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Executive summary

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The 1st and 2nd Intended Interested Parties, Ruth Mbithe Ndunda and Mary Mutheu Munyau, applied by an Application dated 7th February 2018 to be joined as Interested Parties in a suit in which the Plaintiff, the registered proprietor of Mavoko Town Block 3/12873-12895, seeks removal of a restriction registered by the Defendants on the green card. The Plaintiff claims it purchased the land from the late Job Ndunda Muthike. The Applicants, describing themselves as daughters and beneficiaries of the deceased, contended that the suit land is the main property for distribution in High Court Succession Cause No. 112 of 2014, in which they have filed objection proceedings. The Interested Parties and the Plaintiff opposed the application on grounds of lack of locus standi, delay, abuse of process and want of jurisdiction over succession issues. The court held that the estate of the deceased is represented by duly appointed legal representatives who are not the Applicants, and that the interests of all beneficiaries would be catered for by those representatives. Until the Applicants succeed in their objection proceedings in the succession cause, they lack the requisite locus standi to be joined in the suit. The application was found unmeritorious and dismissed with costs. The court did not determine the main suit's claim for removal of the restriction.

Key legal issues

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01

Locus standi of intended interested parties who are not administrators of the estate

Holding

Applicants, as beneficiaries who are not the duly appointed legal representatives of the estate, lack locus standi to be joined until their objection proceedings succeed

Reasoning

The court found the estate is represented by duly appointed legal representatives who are not the Applicants, and those representatives will cater for the interests of all beneficiaries. The nature of the Applicants' objection proceedings in the succession cause was unclear, and until those succeed they cannot be enjoined. The application was accordingly found unmeritorious and dismissed with costs.

p. 2

Legal principles established

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  • Where an estate is represented by duly appointed legal representatives, the interests of beneficiaries are catered for by those representatives, and non-appointed beneficiaries lack locus standi to join related litigation until they establish their status in the succession cause

Court orders

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  1. 1.The Application dated 7th February 2018 seeking joinder of the Applicants as Interested Parties is dismissed
  2. 2.Costs of the Application to the Applicants
Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court to join interested parties

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, "Kapiti Investment Company Limited v District Land Registrar, Machakos; Ruth Mbithe Ndunda & another (Intended 1st Interested Parties) [2019] KEELC 4988 (KLR)", Case Analysis (2019). Application dated 7th February, 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4988/eng@2019-01-18

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