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ELCDismissednot stated in the excerpt provided· [2020] KEELC 1661 (KLR)

Jane Ngonyo Ngige (Suing as the administrator of the estate of Boniface Ngige Waweru – deceased) v John Ntimeri & 7 others [2020] KEELC 1661 (KLR)

Environment and Land Court (implied by subject matter; not expressly stated)
14 July 2020
COCHRISTINE OCHIENG
1,662 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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A Kajiado land case survived an attempt to strike it out, confirming that administrators of a deceased person's estate can sue and disputes should be decided at trial.

What this practically means

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Executive summary

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This is a ruling on the 1st to 6th Defendants' Notice of Motion dated 19th February 2019, brought under Order 2 Rule 15(1) and Order 31 of the Civil Procedure Rules, seeking to strike out the suit against them on grounds that it disclosed no reasonable cause of action, was scandalous, frivolous and vexatious, and was an abuse of court process. They also challenged the Plaintiff's locus standi, alleging she obtained confirmation of letters of administration over property not part of the deceased's estate and relied on a forged document. The Plaintiff, widow and administrator of the estate of Boniface Ngige Waweru, opposed the application through her advocate, contending the Plaint disclosed trespass claims, that she had been in possession since 1984, and that triable issues could only be determined at full trial. The court framed one issue: whether the suit should be struck out for failing to disclose a reasonable cause of action. Applying Order 2 Rule 15 and the principles in D.T. Dobie and Ramji Megji Gudka - that striking out is exercised sparingly and only in the clearest of cases - the court found the Plaint raised sufficient triable issues unsuitable for determination at interlocutory stage. On locus standi, relying on Law Society of Kenya v Commissioner of Lands, the court held the Plaintiff, armed with a Certificate of Confirmation of Grant, had standing to sue on behalf of the estate. The application was found unmerited and disallowed, with costs in the cause, and the matter directed to full trial.

Key legal issues

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01

Whether the suit discloses no reasonable cause of action against the 1st to 6th Defendants and should be struck out

Holding

The suit discloses triable issues that cannot be determined at interlocutory stage; striking out is not warranted.

Reasoning

The court applied Order 2 Rule 15(1) and the principles in D.T. Dobie & Ramji Megji Gudka, holding that the power to strike out must be sparingly exercised in the clearest of cases, without delving into merits. The Plaint particularized trespass and ownership claims raising sufficient triable issues warranting full trial.

p. 2
02

Whether the Plaintiff has locus standi to institute the suit

Holding

The Plaintiff, holding a Certificate of Confirmation of Grant in respect of the estate of the deceased, has locus standi to sue on behalf of the estate.

Reasoning

Relying on Law Society of Kenya v Commissioner of Lands on locus standi as sufficiency of interest, the court found the Plaintiff had a Certificate of Confirmation of Grant and had instituted the suit on behalf of the estate, establishing standing. The matter should proceed to full trial for proper determination on its merits.

p. 3

Legal principles established

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  • The power to strike out pleadings must be exercised sparingly and only in the clearest of cases, without delving into the merits.
  • Even one triable issue is sufficient to decline striking out a pleading.
  • Locus standi signifies a right to be heard, requiring sufficiency of interest to sustain standing to sue.

Court orders

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  1. 1.Notice of Motion application dated 19th February, 2019 disallowed with costs in the cause

Authorities

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Legislation

  • Civil Procedure RulesOrder 2 Rule 15(1)
  • Civil Procedure RulesOrder 31

Cases cited (8)

  • D.T. Dobie & Company (Kenya) Ltd vs Muchina
    (1982) KLR
  • Susan Rokih Vs Joyce Kandie & 6 Others
    (2018) eKLR
  • Law Society of Kenya Vs Commissioner of Lands
    (2000) eKLR
  • Wilmot Mwadilo, Edwin Mwakaya, Amos Nyatta & Patrick Mbinga Vs Eliud Timothy Mwamunga & Sagall Ranchers Limited
    (2017) eKLR
  • Satya Bhama Gandhi Vs Public Prosecutions & 3 Others
    (2018) eKLR
  • Trust Bank Limited V Amin Company Ltd & Another
    (2000) KLR 164
  • Ramji Megji Gudka Ltd Vs Alfred Morfat Omundi Michira & 2 Others
    (2005) eKLR
  • Cooperative Merchant Bank Ltd Vs George Fredrick Wekesa
    Civil Appeal No. 54 of 1999
Jurisdiction invoked
Order 2 Rule 15(1) and Order 31 of the Civil Procedure Rules

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, "Jane Ngonyo Ngige (Suing as the administrator of the estate of Boniface Ngige Waweru – deceased) v John Ntimeri & 7 others [2020] KEELC 1661 (KLR)", Case Analysis (2020). not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1661/eng@2020-07-14

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