Nelly Wanja Njihia (Suing as the Administrator of the Estate of Moses Njihia Mugo (deceased) v Daniel Dungu Nyutu [2021] KEELC 473 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Validity of the sale agreement executed before the grant of letters of administration
The sale agreement dated 15th July 2008 was valid because it was expressly subject to the vendors obtaining letters of administration and a confirmed grant; there was no intention to deal with the estate contrary to law and no intermeddling
Clause 4 of the agreement deferred payment of the balance until the vendors obtained confirmation of grant and were ready to transfer. Following Jerusha Wangari Mwangi v Beatrice Muthoni Karanja, the court held the agreement was a commitment of what the parties would do once the grant was obtained. The grant was in fact issued on 18th November 2008 and confirmed on 14th February 2011, so completion was possible. Section 45 of the Law of Succession Act was therefore not offended.
Whether the Plaintiff was estopped from denying her capacity to enter the sale agreement
The Plaintiff was estopped from pleading lack of capacity because she and her mother made the agreement and received part payment, and the Defendant acted on that assurance
Applying Benjamin Ayiro Shiraku v Forzia Mohammed, citing Lord Denning in Combe v Combe, the court held that where a party by words or conduct makes a promise intended to affect legal relations and the other party acts on it, the promisor cannot resile. The Plaintiff having sold and received Kshs.190,000 and the Defendant having taken possession, she could not later avoid the contract on grounds of want of capacity.
Whether the Plaintiff proved her claim on a balance of probabilities
The Plaintiff failed to prove her case on a balance of probabilities and her suit was dismissed with costs
Having found the agreement valid and the Plaintiff estopped, the court concluded the sale did not amount to intermeddling with the estate. The claims for eviction, injunction, declaration and damages therefore collapsed, and costs followed the dismissal in favour of the Defendant.
Legal principles established
#- An agreement for sale of a deceased person's land entered into before a grant of letters of administration, but expressly conditioned on the vendors obtaining a confirmed grant, does not offend Section 45 of the Law of Succession Act and is not void for illegality
- A party who, by words or conduct, has made a promise or assurance intended to affect legal relations, on which the other party has acted, is estopped from reverting to the previous legal relations
Court orders
#- 1.The Plaintiff's suit is dismissed
- 2.Costs of the suit awarded to the Defendant
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2) of the Constitution (disputes relating to land)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nelly Wanja Njihia (Suing as the Administrator of the Estate of Moses Njihia Mugo (deceased) v Daniel Dungu Nyutu [2021] KEELC 473 (KLR)", Case Analysis (2021). ELC No. 800 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/473/eng@2021-12-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.