Bomett (As administrator of the Estate of Eric Bomett (Deceased) v Post Bank Credit Ltd (In Liquidation)
The bottom line
#A Kenyan court struck out a widow's bid to stop a land auction because her letters of administration had been revoked, leaving her unable to represent the estate.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff, whose grant of letters of administration was revoked, retains locus standi to prosecute the application
She does not; revocation of the grant removes her capacity to represent the estate, and the application is struck out on that basis alone.
The plaintiff instituted the suit as administrator of the estate of her late father. The High Court in Nakuru Succession Cause No 488 of 2006 revoked her grant and temporarily appointed another administrator; her reinstatement application is pending. Relying on Isaya Masira Momanyi v Daniel Omwoyo, the court held that lack of capacity to represent a deceased estate is no mere procedural technicality, so she cannot file the application. The court expressly declined to determine the substantive entitlement to injunction.
Whether the plaintiff is entitled to injunctive relief against the intended sale of LR No 10302/02
Not determined; the court declined to address the second issue after finding want of locus standi.
The plaintiff sought to prohibit an auction of a 652.4 Ha parcel (LR No 10302/02) allegedly different from the 400-acre charged land, alleging in duplum breaches, defective and concurrent statutory notices, no valuation, and recovery of Kshs 22 million against a consent-fixed debt of Kshs 11.4 million. The defendant asserted compliance with statutory notice requirements and valuation. The court did not adjudicate these contentions.
Legal principles established
#- A deceased estate can only be represented in litigation by a person duly authorised, i.e. holding a valid grant of letters of administration; revocation of the grant divests the applicant of locus standi.
Court orders
#- 1.The plaintiff's application dated August 3, 2022 is struck out with costs
- Jurisdiction invoked
- Environment and Land Court jurisdiction over disputes involving charges to land and chargee's exercise of statutory power of sale (asserted under the plaintiff's submissions; Section 34(1) Civil Procedure Act invoked)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bomett (As administrator of the Estate of Eric Bomett (Deceased) v Post Bank Credit Ltd (In Liquidation)", Case Analysis (2023). Environment & Land Case 137 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/15950/eng@2023-03-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.