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ELCStruck OutEnvironment & Land Case 15 of 2022· [2023] KEELC 20340 (KLR)

Koech v Koech & 3 others; Jepkorir (Applicant)

Environment and Land Court of Kenya
28 September 2023
MMM. N. MWANYALE
814 words in judgment
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The bottom line

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A Kenyan court struck out a widow's attempt to revive a dismissed land suit because she had no letters of administration proving her legal standing.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kapsabet (M. N. Mwanyale, J) determined a Notice of Motion dated 16 March 2022 in which Peris Jepkorir, describing herself as the widow of the deceased plaintiff Geoffrey Cheruiyot Koech, sought to set aside orders dismissing the suit, to reinstate the suit, and to be substituted in place of the deceased plaintiff. The suit had been dismissed on 24 July 2019 for want of prosecution following non-attendance by counsel. The applicant attributed the non-attendance to unavoidable circumstances and counsel's mistake, and cited the Covid-19 pandemic as explaining the delay. Equity Bank (K) Limited, the 2nd respondent, opposed the application through a replying affidavit by its advocate Mr. Daniel L. Were, contending that the plaintiff's death had been reported to the court on 3 April 2017, that no substitution had occurred before the dismissal, that the suit had abated under Order 24 Rule 3, that the delay of three years was inordinate, and that the applicant lacked locus standi. The 3rd and 4th respondents did not oppose. The court framed two issues: the applicant's locus standi and the merit of the application. Holding that an application to revive an abated suit must be brought by an administrator of the estate and that the applicant had exhibited no grant of letters of administration, the court found she lacked locus. The application, having been filed by a stranger, was struck out, and the suit remains dismissed for want of prosecution. No costs order was made.

Key legal issues

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Whether the applicant, describing herself as the widow of the deceased plaintiff, had locus standi to bring the substitution and reinstatement application

Holding

She lacked locus standi because she did not exhibit a grant of letters of administration; the application was filed by a stranger and was struck out.

Reasoning

The court noted the plaintiff was deceased and the applicant described herself as his widow. Under Order 24 Rule 3, an application to revive an abated suit must be filed within one year and by an administrator of the estate. Since no grant of letters of administration was exhibited, the applicant had no locus to bring the application, and the suit remained dismissed.

p. 3

Legal principles established

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  • An application to revive a suit that has abated under Order 24 Rule 3 must be filed within one year and must be brought by an administrator of the deceased's estate.
  • A person without a grant of letters of administration lacks locus standi to apply for substitution of a deceased plaintiff.

Court orders

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  1. 1.The application filed by a stranger is struck out
  2. 2.The suit remains dismissed for want of prosecution pursuant to the orders made on 24/7/2019
Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court over an application for substitution and reinstatement of a dismissed suit; Civil Procedure Rules Order 24 Rule 3 invoked

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, "Koech v Koech & 3 others; Jepkorir (Applicant)", Case Analysis (2023). Environment & Land Case 15 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20340/eng@2023-09-28

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