Okello & 11 others v Letting & another (Environment & Land Case 136 of 2015) [2022] KEELC 73 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Capacity of deceased persons' purported plaintiffs and abatement
The 10th and 12th plaintiffs died before the suit was filed; no party had legal capacity to sue on their behalf and their names were struck out under Order 1 Rule 10(2)
Death certificates confirmed the 12th plaintiff died on 20th January 2013 and the death of the 10th plaintiff was unrebutted; the suit was filed on 14th May 2015. Claims on behalf of deceased persons' estates require a grant under the Law of Succession Act. Lack of standing goes to jurisdiction, overriding Article 159 expeditious-disposal considerations.
Whether the 1st Plaintiff's suit should be struck out
The application was dismissed because the plaint disclosed a reasonable cause of action
Striking out is a final determination on pleadings; the alleged dealings with non-owners raised triable issues on the sale agreements of 2005. The court held it should not make final determinations before the main hearing.
Costs of the 7th May 2021 application
Costs payable personally by plaintiffs' counsel because deceased plaintiffs could not have instructed counsel
Section 27 of the Civil Procedure Act provides costs follow the event; since the deceased could not have instructed counsel, counsel must bear the costs.
Legal principles established
#- A party suing on behalf of a deceased person's estate must be a duly appointed legal representative holding a grant of letters of administration; deceased persons cannot be named as plaintiffs
- A cause of action is not extinguished merely because the defendant believes the plaintiff dealt with the wrong person; such disputes should be determined at trial
Court orders
#- 1.The 1st defendant's application dated 7th May 2021 granted in terms of prayer (1); the names of the 10th and 12th plaintiffs struck from the proceedings
- 2.Costs of the application dated 7th May 2021 to be paid by counsel for the plaintiffs
- 3.The 1st defendant's notice of motion dated 7th June 2021 dismissed with costs to the 1st plaintiff
- Jurisdiction invoked
- Environment and Land Court jurisdiction; Civil Procedure Act (Cap 21) and Civil Procedure Rules, Order 1 Rule 10(2)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okello & 11 others v Letting & another (Environment & Land Case 136 of 2015) [2022] KEELC 73 (KLR)", Case Analysis (2022). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/73/eng@2022-05-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.