Elizabeth Wanjiku Njoka (Suing as the Legal Representative of Alice Kahaki (Deceased) v Oliver Yachama Mateche & 2 others [2021] KEELC 2987 (KLR)
The bottom line
#A Kenyan court dismissed a landowner's trespass suit because property registered to an estate administrator really belongs to the succession court's decision.
What this practically means
#Executive summary
#Key legal issues
#Nature of plaintiff's proprietorship of the suit property
The plaintiff holds the property only as administrator of the estate of Alice Kahaki Njoka; she does not own it personally and her proprietorship is subject to confirmation of grant and determination of which estate owns the property.
The certificate of lease registers the plaintiff 'as an administrator to the Githunguri estate of Alice Njoka'. Section 26(1) of the Land Registration Act makes the certificate prima facie evidence of absolute ownership, but subject to encumbrances and conditions endorsed on the certificate. The plaintiff conceded her grant is unconfirmed and that ownership of the property between her mother's and father's estates is pending in HC Misc. Applic. No. 33 of 2016.
Whether the defendants are trespassers
No trespass is established; the defendants entered under a lease agreement of 28th September 2014 made with Joseph Njuguna Njoka on behalf of the estate of Philip Njoka Kamau, and paid rent which the plaintiff partly received.
The defendants entered the property in 2014, two years before the plaintiff obtained letters of administration, and she knew the 1st defendant was in occupation and paying rent. The executor of the father's will confirmed he instructed the lease. The validity of the agreement and whether Joseph Njuguna Njoka intermeddled are matters for the family court under the Law of Succession Act.
Legal principles established
#- Proprietorship in the capacity of administrator of an estate is transient and subject to succession proceedings; a certificate of title is prima facie evidence of ownership subject to conditions endorsed on the certificate
- Where the ownership of land between two estates is pending in succession proceedings, the land dispute is an offshoot of the succession dispute to be resolved in the family court under the Law of Succession Act
Court orders
#- 1.The plaintiff's suit is dismissed
- 2.Each party to bear own costs of the suit
- Jurisdiction invoked
- Original civil jurisdiction (Environment and Land Court) - not stated in judgment with specific provision
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Elizabeth Wanjiku Njoka (Suing as the Legal Representative of Alice Kahaki (Deceased) v Oliver Yachama Mateche & 2 others [2021] KEELC 2987 (KLR)", Case Analysis (2021). Nakuru ELC Case (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2987/eng@2021-06-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.