Sigei & another (Suing as administrators of the Estate of the Late Kimalel Arap Sigei) v Malel (Sued as the administrator of the Estate of the Late Martha Chepkoech Berenge) & 3 others (Environment & Land Case E012 of 2023) [2024] KEELC 6797 (KLR)
The bottom line
#A Kenyan land court kept a family's property suit alive but removed a deceased man's name as plaintiff and refused to overturn High Court succession proceedings.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff Ronald Langat has locus standi to institute and maintain the suit on behalf of the estate of the late Kimalel Arap Sigei
The objection fails: a Grant of Letters of Administration Intestate was issued on 20th July, 2023 to James Kiplangat Malel and Ronald Langat, giving Ronald Langat capacity to sue on behalf of the estate.
Locus standi is a pure point of law capable of disposing of a suit. The Court perused the record and found a Grant of Letters of Administration Intestate issued by the High Court at Kericho in Succession Cause No. 285 of 2007 to James Kiplangat Malel and Ronald Langat on 20th July, 2023. Accordingly, Ronald Langat had the legal capacity to commence proceedings on behalf of the estate.
Whether the joinder of the deceased person Kimalel Arap Sigei as a plaintiff renders the suit unsustainable
The inclusion of the deceased as a plaintiff is a curable misjoinder; his name is struck out under Order 1 Rule 10(2) of the Civil Procedure Rules.
The cause title lists Kimalel Arap Sigei both as a plaintiff and as the deceased on whose behalf the suit is brought. The Court held this is an error that does not affect the sustainability of the suit and is curable by striking out his name under Order 1 Rule 10(2), guided by Sections 1A, 1B and 3A of the Civil Procedure Act and Article 159 of the Constitution, which mandate disregarding technicalities in the interest of substantive justice.
Whether this Court has jurisdiction over the Plaintiffs' suit, in particular prayer (e) seeking to nullify proceedings in Kericho High Court Succession Cause No. 124 of 2013
The Court has jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act to determine ownership of the suit property and the legality of its subdivisions (prayers (a) to (d) and (f) to (j)), but has no jurisdiction over prayer (e) which would amount to sitting on appeal over a court of concurrent jurisdiction.
The ELC's jurisdiction is confined to disputes relating to the environment and the use, occupation of, and title to land. Ownership of parcel Kericho/Kebeneti/930 and the challenged subdivisions fall squarely within that jurisdiction. However, prayer (e) seeks to set aside succession proceedings determined by the High Court, a court of concurrent status; the ELC cannot entertain that prayer.
Legal principles established
#- A preliminary objection raises a pure point of law argued on the assumption that all facts pleaded by the other side are correct, and cannot be raised where facts must be ascertained.
- Only persons issued with letters of administration have capacity to represent the estate of a deceased person in legal proceedings.
- A court should not strike out an entire suit solely because it lacks jurisdiction over one of the prayers sought.
Court orders
#- 1.Kimalel Arap Sigei is struck out as a Plaintiff in this suit.
- 2.Costs of the preliminary objection shall abide the outcome of the suit.
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Sigei & another (Suing as administrators of the Estate of the Late Kimalel Arap Sigei) v Malel (Sued as the administrator of the Estate of the Late Martha Chepkoech Berenge) & 3 others (Environment & Land Case E012 of 2023) [2024] KEELC 6797 (KLR)", Case Analysis (2024). Case number not stated in the judgment (ruling on Defendants' Notice of Preliminary Objection dated 11th December, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6797/eng@2024-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.