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ELCDismissedNot stated in the excerpt· [2021] KEELC 2567 (KLR)

Muchanga Investments Ltd v Habenga Holdings Ltd & 8 others; Barclays Bank of Kenya Ltd(Interested Party) [2021] KEELC 2567 (KLR)

Environment and Land Court
14 June 2021
EOE. O. Obaga
1,032 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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An ELC joinder application by rival estate executors failed because only the High Court's Family Division can resolve competing grants of administration.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nairobi (E. O. Obaga, J) on a Notice of Motion dated 10th November 2020 in which the Applicants, claiming to be executors of the estate of the late Carmelina Ngami Mburu under a will dated 26th January 2017, sought to be enjoined in the suit as interested parties. They argued that the Respondent, the 9th Defendant, had represented the estate only under a power of attorney donated in March 2014 which lapsed upon the deceased's death on 24th October 2017, and that the Respondent's grant of letters of administration ad litem (HC Succession Cause No. 1130 of 2018) was obtained through non-disclosure. The Respondent opposed, contending the court lacked jurisdiction to determine which grant should prevail and that her grant had never been revoked. The court framed a single issue: whether the Applicants demonstrated an interest warranting joinder as interested parties. Holding that a power of attorney lapses on the donor's death, the court noted two competing grants exist and that determining which prevails, and the validity of the will, is a preserve of the Family Division of the High Court. As the Respondent's grant had not been revoked, she properly represents the estate. The application was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the Applicants should be enjoined as interested parties

Holding

The application was dismissed because the competing grants issue must first be resolved by the court with jurisdiction over succession

Reasoning

Two grants of letters of administration ad litem subsist in respect of the deceased's estate - the Respondent's (obtained 15th January 2019 in HC Succession Cause No. 1130 of 2018) and the Applicants' (27th January 2021 in HC Succession Cause No. E 098 of 2021). The court held it lacks jurisdiction to decide which grant prevails or to pronounce on the validity of the will. Since the Respondent's grant had not been revoked, she remains the proper representative of the estate and there was no basis to allow the joinder.

p. 2

Legal principles established

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  • A power of attorney lapses by operation of law upon the death of the donor
  • The Environment and Land Court has no jurisdiction to determine which of two grants in respect of a deceased's estate should prevail; that is a preserve of the Family Division of the High Court
  • Until a grant of letters of administration is revoked, the holder is the person properly representing the estate

Court orders

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  1. 1.The Applicants' Notice of Motion dated 10th November 2020 seeking joinder as interested parties is dismissed
  2. 2.Costs of the application to the Respondent
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over the suit; court expressly disclaims jurisdiction over succession matters reserved to the Family Division of the High Court

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, "Muchanga Investments Ltd v Habenga Holdings Ltd & 8 others; Barclays Bank of Kenya Ltd(Interested Party) [2021] KEELC 2567 (KLR)", Case Analysis (2021). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2567/eng@2021-06-14

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