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ELCStruck Out· [2020] KEELC 23 (KLR)

Jackson Nangiro Limareng v Peter Lodiolem & 2 others [2020] KEELC 23 (KLR)

Environment and Land Court
2 March 2020
CYC. YanoMNMwangi Njoroge
3,021 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~12 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court struck out both a land claim and counter-claim because neither party had obtained letters of administration for their deceased fathers' estates first.

What this practically means

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Executive summary

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The Plaintiff, son of the late Joseph Limareng Lokomom, sued the Defendants seeking a declaration that their actions were unlawful, an order that he was entitled to remain on approximately 75 acres within Kongelai Group Ranch in West Pokot County, and a permanent injunction. He contended that his late father was a member of the Ranch, that he had lived on the land since birth, and that the Defendants, through Ranch committee meetings and eviction notices dated 15th May 2015 and 5th June 2015, sought to remove him and allocate the land to the 1st Defendant. The Defendants denied that the Plaintiff or his father were among the 412 registered members, asserting that the land belonged to the 1st Defendant's late father, member No.112, and counter-claimed for the Plaintiff's eviction and a permanent injunction. Both parties called witnesses on membership and occupation history. The court, however, observed that both parties were agitating the rights of their deceased fathers without either having obtained a grant of letters of administration. Applying Macfoy v United Africa Ltd and Virginia Edith Wambui Otieno v Joash Ochieng Ougo, the court held that a person cannot sue on behalf of a deceased's estate without a grant, and that actions commenced without one are incompetent nullities at inception. The court struck out both the Plaintiff's suit and the 1st Defendant's counter-claim and ordered each party to bear their own costs.

Key legal issues

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01

Whether suits agitating the rights of deceased persons can be maintained by persons without grants of letters of administration

Holding

Both the plaint and the counter-claim were incompetent nullities at inception because neither party had obtained a grant

Reasoning

Both parties were agitating the rights of their deceased fathers over the suit land, yet neither the Plaintiff nor the 1st Defendant held a grant of letters of administration. Relying on Macfoy v United Africa and Virginia Edith Wambui Otieno v Joash Ochieng Ougo, the court held that an action brought before a grant issues is incompetent as at inception, and proceedings founded on a void act are incurably bad and collapse.

p. 4

Legal principles established

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  • A person cannot sue on behalf of the estate of a deceased person unless he has first obtained a grant of letters of administration; an action instituted without such a grant is incompetent and a nullity at inception

Court orders

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  1. 1.Striking out the Plaintiff's suit for being incompetent and a nullity
  2. 2.Striking out the 1st Defendant's counter-claim for being incompetent and a nullity
  3. 3.Each party to bear their own costs

Authorities

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Cases cited (2)

  • Macfoy –v- United Africa Ltd
    (1961) 3 ALL ER 1169
  • Virginia Edith Wambui Otieno –v- Joash Ochieng Ougo
    (1982-88) I KR 1049
Jurisdiction invoked
Original civil jurisdiction over land disputes (plaint seeking declaration, entitlement to remain and permanent injunction); specific provision not stated in the judgment

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, "Jackson Nangiro Limareng v Peter Lodiolem & 2 others [2020] KEELC 23 (KLR)", Case Analysis (2020). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/23/eng@2020-05-07

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