Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCStruck OutEnvironment & Land Case E003 of 2021· [2023] KEELC 21215 (KLR)

Lyambila & 3 others v Lyambila

Environment and Land Court of Kenya
2 November 2023
ECE.C Cherono
4,420 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court struck out a family land claim because distributing a deceased person's estate belongs only in the Succession Court.

What this practically means

#

Executive summary

#
The plaintiffs, sons of the late Bernard Lyambila Nduruchi, brought an Originating Summons under Order 37 Rules 1 and 2 of the Civil Procedure Rules seeking declarations that they are beneficiaries and heirs of the deceased's estate, that the defendant (the administrator and widow) holds land parcel Bungoma/Kamakoiwa/4224 in trust for them per a certificate of confirmation of grant issued in 1999, dissolution of that trust, transfer of 4 acres to each plaintiff, and consequential orders. The defendant opposed, contending the suit was sub judice and an abuse of process because Succession Cause No. 144 of 2017 (formerly HC Succession Cause No. 23 of 1998) was still active for rectification of the grant - the estate was distributed on the premise of 37 acres but the land actually measures about 30.4 acres, with 1 acre sold to Mwanzo K.A.G. Church. The court framed two issues: its jurisdiction and the plaintiffs' entitlement to the orders sought. Applying the predominant purpose test and the constitutional and statutory delineation between the ELC and probate courts, the court held that although the claim was camouflaged as a land/trust dispute, its substance was the survey, subdivision and distribution of a deceased's estate, a matter within the exclusive domain of the Succession Court, where the succession cause remained ongoing. The court distinguished the authority relied on by the plaintiffs and struck out the suit, directing the plaintiffs to exhaust their remedies in the Succession Court. As a family dispute, each party was ordered to bear their own costs.

Key legal issues

#
01

Jurisdiction of the ELC over disputes framed as trust/land claims but substantively concerning distribution of a deceased's estate

Holding

The ELC lacks jurisdiction; the substance of the claim is distribution of an estate, which belongs to the Succession Court

Reasoning

The court examined the pleadings and orders sought, applied the predominant purpose test, and found that despite being camouflaged as land/trust questions, the suit would determine how the estate should be surveyed, subdivided and distributed. The succession cause was still ongoing, so the property remained on the distribution table within the succession court's mandate.

02

Whether the plaintiffs' reliance on Johnson Gathanga Mwaniki distinguishes the case

Holding

Distinguished - that case concerned cancellation of title and dissolution of trust, squarely land-ownership matters for the ELC

Reasoning

The court found the authority inapplicable because the prayers there did not touch inheritance, succession or distribution of land; subjected to the predominant purpose test, that case called for determination of land ownership, unlike the present suit which is about estate distribution.

Legal principles established

#
  • A claim for distribution of a deceased's estate falls within the jurisdiction of the Succession Court and is excluded from the ELC
  • The predominant purpose test determines whether a dispute touching land and succession belongs to the ELC or the probate court

Court orders

#
  1. 1.The plaintiff's case is struck out
  2. 2.Each party shall bear their own costs

Authorities

#

Legislation

  • Constitution of Kenya, 2010Article 162
  • Environment and Land Court ActSection 13
  • Law of Succession Act, Cap 160Sections 2, 2(2), 47, 73, 76
  • Civil Procedure Act, Cap 21Section 6
  • Evidence ActSection 107(1)
  • Civil Procedure RulesOrder 37 Rules 1 & 2

Cases cited (8)

  • Owners of Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Limited
    [1989] KLR 1

    Jurisdiction is everything; a court without jurisdiction cannot make one more step

  • Samuel Kamau Macharia & Another vs. Kenya Commercial Bank Limited & others
    (2012) eKLR

    A court's jurisdiction flows from the Constitution or legislation and cannot be expanded by judicial craft

  • Estate of M'Murianki M'Mugwika (Deceased)
    [2019] eKLR

    Probate court's jurisdiction over assets, beneficiaries and distribution of estates

  • Nashon Onyango Otieno v George Onyango Otieno
    [2021] eKLR

    Case-by-case analysis and predominance principle in concurrent jurisdiction questions

  • Suzanne Achieng Butler & 4 others v Redhill Heights Investments Limited & another
    [2016] eKLR

    The predominant purpose test for land disputes

  • Salome Wambui Njau (suing as Administratrix of the Estate of Peter Kiguru Njuguna (Deceased) v Caroline Wangui Kiguru
    ELC (2013) eKLR

    Concurrent jurisdiction of ELC and Succession Court depends on circumstances of each case

  • Johnson Gathanga Mwaniki vs. Ester Watheri Mwaniki & 3 others

    Relied on by plaintiffs for ELC jurisdiction over trust claims; distinguished by the court

  • Catherine Gachiku Kihara (Suing as the Administrator of the Estate of Anthony Kihara Gicheru vs. Hannah Wambui Kihara
    (2018) eKLR

    Relied on by plaintiffs; not adopted by the court

Jurisdiction invoked
Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Lyambila & 3 others v Lyambila", Case Analysis (2023). Environment & Land Case E003 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21215/eng@2023-11-02

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