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ELCStruck OutNot stated on the face of the judgment (Makueni ELC Suit)· [2020] KEELC 2355 (KLR)

Daniel Kyalo Lua & another (suing as the administrators of the Estate of James Lua Maia) v Richard Manthi Muindi [2020] KEELC 2355 (KLR)

Environment and Land Court
29 May 2020
CMC. G. Mbogo
1,002 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court struck out a land suit because the plaintiffs' authority to sue had been revoked, awarding costs to the defendant.

What this practically means

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Executive summary

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The Defendant/Applicant moved the Environment and Land Court at Makueni by notice of motion dated 17 October 2019 under Order 2 Rule 15(1)(b) & (d) and Order 51 Rules 1 and 13 of the Civil Procedure Rules, and Sections 13(1) and (2) and 19(2) of the Environment and Land Court Act, seeking striking out of the plaintiffs' suit with costs. He deposed that the suit was a non-starter, scandalous, frivolous and vexatious, brought by parties without legal capacity since the grant in Machakos High Court Succession Cause No 150 of 1992, under which they sued, was revoked on 27 September 2018. He exhibited ownership documents distinguishing his parcel Makueni/Kilome/2163 from the suit land, plot 12 Kilome Land adjudication section. The plaintiffs, through Geoffrey Wambua Lua's replying affidavit, opposed striking out, contending for a joint trial or stay as the property was an asset of the deceased's estate, and invoking substantive justice. The plaintiffs filed no submissions. Relying on section 3 of the Law of Succession Act and section 2 of the Civil Procedure Act, the defendant argued the plaintiffs' capacity was extinguished by the revocation. Mbogo J found the suit land distinct from the defendant's parcel, that the defendant had no claim in the suit land, and that the defendant had suffered years of persecution, including eviction, over nothing. Holding the suit a non-starter, frivolous, vexatious and an abuse of court process — compounded by the plaintiffs' failure to file submissions — the court struck out the suit with costs to the Defendant/Applicant.

Key legal issues

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01

Whether the suit should be struck out

Holding

The suit was struck out as frivolous, vexatious and an abuse of process, the plaintiffs having lost capacity upon revocation of their grant and filed no submissions.

Reasoning

The court found that the plaintiffs' capacity was extinguished when the grant under which they sued was revoked on 27 September 2018. The ownership documents exhibited showed the suit land was distinct from the defendant's parcel Makueni/Kilome/2163, and the defendant had no claim in the suit land. The defendant had been persecuted for years over nothing. The plaintiffs' failure to file submissions compounded matters, justifying striking out under Order 2 Rule 15.

p. 2

Legal principles established

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  • A suit filed by plaintiffs whose grant of representation has been revoked, and which is frivolous, vexatious and an abuse of court process, is liable to be struck out

Court orders

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  1. 1.The suit is struck out
  2. 2.Costs of the suit and the application awarded to the Defendant/Applicant

Authorities

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Legislation

  • Civil Procedure RulesOrder 2 Rule 15(1)(b) & (d)
  • Civil Procedure RulesOrder 51 Rules 1 and 13
  • Environment and Land Court ActSections 13(1) and (2)
  • Environment and Land Court ActSection 19(2)
  • Constitution of KenyaSection 159 (as cited by the Plaintiffs/Respondents)
  • Law of Succession ActSection 3
  • Civil Procedure ActSection 2

Cases cited (1)

  • Trust Bank Ltd –vs- Amin Company Ltd
    (2000) KLR, 164
Jurisdiction invoked
Sections 13(1) and (2) and 19(2) of the Environment and Land Court Act, and Order 2 Rule 15(1)(b) & (d) and Order 51 Rules 1 and 13 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, "Daniel Kyalo Lua & another (suing as the administrators of the Estate of James Lua Maia) v Richard Manthi Muindi [2020] KEELC 2355 (KLR)", Case Analysis (2020). Not stated on the face of the judgment (Makueni ELC Suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2355/eng@2020-05-29

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