Koinange & 2 others (Suing as administrators of the Estate of the Late Charles Karuga Koinange) v Greenhills Investment Ltd & another (Environment & Land Case E334 of 2022) [2024] KEELC 1605 (KLR)
The bottom line
#A Kenyan court refused to strike out a suit filed without all co-administrators' consent, ruling the 1st Plaintiff still deserved a full hearing.
What this practically means
#Executive summary
#Key legal issues
#Authority of co-administrators to institute a suit on behalf of an estate
The suit was filed without the consent of the 2nd and 3rd Plaintiffs who are co-administrators, since no joint instructions were issued to Ashford & Co. Advocates and no delegation was proved
Relying on Order 1 Rule 13 of the Civil Procedure Rules, Section 82(a) of the Law of Succession Act, and Re Estate of Makokha Idris, the court held that co-administrators must act as a unit. There was no evidence the firm sought the consent of the 2nd and 3rd Plaintiffs before filing, nor any delegation of responsibilities to the 1st Plaintiff. The logical conclusion was that the suit was filed without the consent of two of the three co-administrators.
Whether the suit property formed part of the Estate of the deceased
The question cannot be ascertained on the application without conducting a mini-trial, which the application is not the forum for
The 3rd Plaintiff asserted the property was surrendered to the Government in 1991 and did not form part of the partial grant, while the 2nd Plaintiff deponed it was listed in the Partial Certificate of Confirmation of Grant following a mediation agreement. The court found this disparity required evidence and could not be resolved summarily; the 1st Plaintiff deserved a fair hearing on the issue.
Whether to strike out the suit notwithstanding lack of authority
The court declined to strike out the suit at this stage, preferring instead that the 2nd and 3rd Plaintiffs be excluded and the 1st Plaintiff be heard
Although the suit was filed without the consent of two co-administrators and would ordinarily be struck out, the court considered fair hearing entitlements of the 1st Plaintiff and the unexplained disparity among the co-administrators. It found the propriety of the suit could only be determined after trial, and allowed the 1st Plaintiff to ventilate his case rather than locking him out at the interlocutory stage.
Legal principles established
#- Co-administrators of an estate must act jointly and cannot act singly or solely unless there has been delegation of responsibility
- Where there are multiple plaintiffs, authority for one to act for another must be in writing signed by the party giving it and filed in the case
Court orders
#- 1.The application dated 17th November 2022 is dismissed with no order as to costs
- Jurisdiction invoked
- Original civil jurisdiction; application brought under Order 2 Rule 15, Order 9 Rule 13 and Order 51 of the Civil Procedure Rules and Section 56 of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Koinange & 2 others (Suing as administrators of the Estate of the Late Charles Karuga Koinange) v Greenhills Investment Ltd & another (Environment & Land Case E334 of 2022) [2024] KEELC 1605 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1605/eng@2024-03-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.