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ELCStruck OutNot stated in the judgment (suit filed 15th December 2016 by plaint dated 15th November 2016; Notice of Motion dated 18th October 2021)· [2022] KEELC 926 (KLR)

Maria Nyongesa Aloka v Lazarus Sirengo Mukoyani [2022] KEELC 926 (KLR)

Environment and Land Court
15 March 2022
915 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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Once a Kenyan court issues its final order, it cannot reopen the case to grant new relief — even for a deceased party's estate.

What this practically means

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Executive summary

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The original suit, filed on 15th December 2016, sought cancellation of the defendant's registration as proprietor of North Kabras/Kivaywa/1210 and the plaintiff's registration as absolute owner. A preliminary objection on res judicata was upheld and the suit was struck out with costs to the defendant on 24th July 2018. Thereafter, on 18th October 2021, Fredrick Wamalwa Sirengo and Benjamin Barasa Wafula, holders of letters of administration ad litem in respect of the deceased defendant's estate (the defendant having died on 15th October 2019), filed a Notice of Motion seeking, among other things, arrest and arraignment orders, a final decree for eviction of the plaintiff and her family from the suit property, vesting orders to restore the deceased's family, assessment of and compensation for damage to a sugarcane plantation, and orders under section 157 of the Registered Land Act 2012 for fraudulent boundary removal. The defendant filed no response despite service. The court held that the striking-out order of 24th July 2018 was a final order that brought the case to a conclusion save for enforcement of costs, rendering the court functus officio with no jurisdiction to reopen the case or grant new relief neither sought nor granted. The applicants were not parties to the case when it was struck out nor now. The court applied Raila Odinga v IEBC and Phoenix of E.A. Assurance v Thiga and struck out the Notice of Motion dated 18th October 2021, with no order on costs.

Key legal issues

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01

Whether the court could entertain an application for new relief after striking out the suit

Holding

The application was struck out because the court had become functus officio after delivering its final order of 24th July 2018 and had no jurisdiction to reopen the matter or grant relief neither sought nor granted

Reasoning

The suit was struck out on 24th July 2018 with costs to the defendant, which marked the end of the matter save for enforcing the costs award. The applicants were not parties to the case when it was struck out and are not parties now, even with letters of administration ad litem over the defendant's estate. No orders of the kind sought were ever granted. A court that has rendered its final order is functus officio, and its decision is final and conclusive subject to appeal. Proceedings filed without jurisdiction are dead on arrival.

p. 2
02

Whether the applicants, as administrators ad litem of the deceased defendant's estate, had standing to pursue the application

Holding

The applicants were neither parties when the suit was struck out nor parties now, notwithstanding their letters of administration ad litem

Reasoning

The applicants obtained a limited grant ad litem in respect of the deceased defendant's estate on 31st May 2021, but they were not parties to the case as at 24th July 2018 when the suit was struck out, and they are not parties now. The final order striking out the suit had brought the case to a conclusion, so any new proceedings seeking substantive relief could not be entertained.

p. 2

Legal principles established

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  • Once a court renders its final order it becomes functus officio and lacks jurisdiction to reopen the case to grant new relief that was neither sought nor granted
  • Proceedings filed in a court without jurisdiction are dead on arrival and cannot be remedied

Court orders

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  1. 1.Notice of Motion dated 18th October 2021 struck out
  2. 2.No order on costs

Authorities

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Legislation

  • Registered Land Act 2012Section 157 (1 a – c (i-iii) & d)

Cases cited (2)

  • Raila Odinga & Others vs. IEBC & Others
    [2013] eKLR
  • Phoenix of E.A. Assurance Company Limited v S. M. Thiga t/a Newspaper Service
    [2019] eKLR
Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court over its own proceedings; the application invoked the Registered Land Act 2012, section 157(1)(a-c)(i-iii) & d

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, "Maria Nyongesa Aloka v Lazarus Sirengo Mukoyani [2022] KEELC 926 (KLR)", Case Analysis (2022). Not stated in the judgment (suit filed 15th December 2016 by plaint dated 15th November 2016; Notice of Motion dated 18th October 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/926/eng@2022-03-15

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