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ELCStruck Out· [2024] KEELC 1665 (KLR)

Karani & another v Monari & 4 others (Environment & Land Case E001 of 2023) [2024] KEELC 1665 (KLR)

Environment and Land Court
19 March 2024
MSMUNYAO SILA
892 words in judgment
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The bottom line

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The Environment and Land Court struck out a land claim because the plaintiffs never obtained letters of administration to sue for the deceased landowner's estate.

What this practically means

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Executive summary

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The 3rd defendant applied by notice of motion dated 19 November 2023 for the striking out of a suit filed on 22 August 2023 by Daudi Karani and Benard Masese, who sued in person. The plaintiffs pleaded that they were legal representatives of the late Johnson Motwanga, who allegedly purchased 0.14 Ha from Moraa Omae out of parcel Central Kitutu/84; the land was subdivided in April 1979 into parcels 1293 and 1294, with parcel 1294 allegedly fraudulently registered in the names of the 1st and 2nd defendants and sold to the 3rd defendant. The plaintiffs sought cancellation of title Central Kitutu/1294 and issuance of a title to the deceased. The application raised three grounds: want of capacity to sue for the estate, no cause of action belonging to the plaintiffs, and limitation under Section 7 of the Limitation of Actions Act arising from an August 1995 restriction on the land. No response was filed by the plaintiffs. Justice Munyao Sila allowed the application, holding that as the plaintiffs claimed to sue as legal representatives of a deceased person yet produced no letters of administration, and would in any event lack capacity without a power of attorney if the deceased were alive, they had no capacity and were busy bodies. Without capacity there was no cause of action. The limitation ground was not addressed as unnecessary. The suit was struck out with costs to the defendants.

Key legal issues

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01

Want of capacity to sue on behalf of a deceased person's estate

Holding

The plaintiffs had no capacity to file the suit as they produced no grant of letters of administration, and even if the deceased were alive they would need a power of attorney

Reasoning

The plaint pleaded that the plaintiffs sued as legal representatives of Johnson Motwanga and also suggested he was deceased. No letters of administration were presented. Alternatively, if filed while the deceased was alive, the plaintiffs would still lack capacity without a power of attorney. Either way, they were 'busy bodies' with no capacity, and the suit was a nullity.

p. 2
02

Whether the court should strike out the plaint under Order 2 Rule 15

Holding

The court exercised its discretion to strike out the plaint since the suit lacked capacity and keeping it pending would only delay trial with the same inevitable outcome

Reasoning

Order 2 Rule 15 empowers the court to strike out pleadings that disclose no reasonable cause of action or that are an abuse of process. Without capacity there was no cause of action; leaving the matter pending would only delay trial when striking out would follow in any event. The limitation ground was not reached as unnecessary.

Legal principles established

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  • A person claiming to sue as legal representative of a deceased person's estate must demonstrate appointment as such, failing which they lack capacity to institute suit
  • Without capacity there is no cause of action that a plaintiff can pursue

Court orders

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  1. 1.The suit filed by persons without capacity to present it is struck out
  2. 2.Costs of the suit to the defendants

Authorities

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Legislation

  • Civil Procedure RulesOrder 2 Rule 15
  • Limitation of Actions Act, Cap 22, Laws of KenyaSection 7
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court; application under Order 2 Rule 15 of the Civil Procedure Rules

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, "Karani & another v Monari & 4 others (Environment & Land Case E001 of 2023) [2024] KEELC 1665 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1665/eng@2024-03-19

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