Gekara v Gekara & 3 others (Environment & Land Case 97 of 2021) [2024] KEELC 4603 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear land disputes even when the registered owner has died, refusing to send the case to a succession court.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is barred because the registered owners are deceased and the matter belongs to a succession court
Application dismissed; the court retained jurisdiction as no reasons were advanced showing the succession court was the proper forum
The Defendants argued that the registered owners, Nahason Gekara Okero and Josephine Kwamboka Gekara, were deceased and the suit had abated, so the dispute lay within a succession court. The court noted the Keroka PM CC Succession Cause No. 36 of 2021 was said to have been determined with the succession court holding it had no jurisdiction, and that no reasons were advanced for want of jurisdiction by the Keroka PM's Court. Absent good reasons, the ELC retained jurisdiction.
Whether the prior stay order pending determination of the succession cause still stands
The stay was lifted in effect as the succession cause had been determined and the court directed the matter to proceed to full hearing
On 25/5/2022 the court had stayed further proceedings awaiting determination of the succession cause. The Plaintiff reported on 21/12/2023 that the Keroka PM CC Succession Cause No. 36 of 2021 was determined, with that court holding it had no jurisdiction. With the impediment resolved and no good reason shown to divest this court of jurisdiction, the court directed the matter to proceed into full hearing with expedition.
Legal principles established
#- Death of the registered owner of suit land does not, without more, oust the ELC of jurisdiction where no reasons are shown why a succession cause is the proper forum
Court orders
#- 1.The Application dated 12/3/2024 seeking striking out of the suit is dismissed
- 2.Costs in the cause
- 3.The matter to proceed into full hearing with expedition
- Jurisdiction invoked
- Original jurisdiction over land disputes (Application to strike out for lack of reasonable cause of action; court held it retains jurisdiction notwithstanding the death of the registered owner)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gekara v Gekara & 3 others (Environment & Land Case 97 of 2021) [2024] KEELC 4603 (KLR)", Case Analysis (2024). Kisii Civil Suit No. 377 of 2012 (as consolidated with Kisii Civil Suits No. 58 of 2015 and 59 of 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4603/eng@2024-05-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.