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ELCDismissedNot stated in the judgment (application dated 14th September 2021)· [2022] KEELC 1610 (KLR)

Joseph Chege Njuguna v Joreth Limited; Geoffrey Murigi Njuguna & another (Interested Parties) [2022] KEELC 1610 (KLR)

Environment and Land Court
26 January 2022
LMLucy N. Mbugua
1,070 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to join family members to a land case, telling them to resolve their inheritance dispute in succession proceedings instead.

What this practically means

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Executive summary

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The applicants, sons of the deceased former plaintiff Njuguna Gichunji, applied by notice of motion dated 14th September 2021 to be enjoined as interested parties in this adverse possession suit over Plot No. 589, Thome Farmers No. 5 Limited, being a portion of LR No. 1330. They asserted that as beneficiaries of the deceased's estate they had a direct interest in the suit property, that they had obtained letters of administration ad litem to prosecute the suit, and that the current plaintiff (their brother) had kept them in the dark about both the suit and a pending succession cause. The plaintiff/respondent opposed the application, contending that the applicants' claims belonged in Succession Cause No. 130 of 2018 at Githunguri, that the ad litem grant was obtained fraudulently without disclosing the ongoing succession cause, and that the applicants were aware of the suit during their father's lifetime, having received other properties. The court framed a single issue: whether the applicants should be joined. It held that the applicants' grievance lay within probate and administration; as long as the grant issued to the current plaintiff on 31st August 2017 stood, the court could not entertain parties relying on another grant. Since the current plaintiff was substituted merely to prosecute the adverse possession claim, any resulting rights would fall on the deceased's estate, and the applicants' interests lay in the succession cause once adverse possession was determined. The application was dismissed with no orders as to costs.

Key legal issues

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01

Whether the applicants should be enjoined as interested parties in the adverse possession suit

Holding

The application for joinder was dismissed because the applicants' claim is a matter of probate and administration and the outcome of the suit would not affect them, their interests lying in the succession cause.

Reasoning

The court found that the current plaintiff held a grant issued on 31.8.2017 for purposes of substituting the deceased plaintiff. The applicants' competing letters of administration raised a probate issue outside the court's jurisdiction. Since the plaintiff was substituted merely to prosecute the adverse possession claim, any rights accruing would fall on the deceased's estate, and the applicants' true interests lie in the pending succession cause at Githunguri.

p. 2

Legal principles established

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  • Where a grant of letters of administration has been issued to a party for purposes of a suit, the court cannot entertain other parties claiming on the basis of a different grant; competing claims to administration lie in probate proceedings
  • In a substituted adverse possession claim, the accrued rights and liabilities fall on the estate of the deceased plaintiff, and beneficiaries' grievances belong in the succession cause

Court orders

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  1. 1.The application dated 14.9.2021 is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 10(2)
  • Civil Procedure RulesOrder 1 Rule 13

Cases cited (3)

  • Moses Wachira vs Niels Bruel & 2 Others
    [2015] eKLR
  • Communications Commission of Kenya & 4 others v Royal Media Services Limited & 7 Others
    [2014] eKLR
  • Central Kenya Ltd v Trust Bank & 5 others
    [2000] eKLR
Jurisdiction invoked
Article 162(2)(b) jurisdiction of the Environment and Land Court (land dispute); the court held distribution of the deceased's estate lies in probate and administration, outside its jurisdiction

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, "Joseph Chege Njuguna v Joreth Limited; Geoffrey Murigi Njuguna & another (Interested Parties) [2022] KEELC 1610 (KLR)", Case Analysis (2022). Not stated in the judgment (application dated 14th September 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1610/eng@2022-01-26

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