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ELCStruck Out· [2025] KEELC 19 (KLR)

Lokolinyang (Suing as the Legal Representative of the Late Lokolinyang Cheptipoch alias Lokoling’or Loyerik) & another v Rengono & 15 others (Environment & Land Case E029 of 2024) [2025] KEELC 19 (KLR)

Environment and Land Court
16 January 2025
2,498 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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Beneficiaries suing over estate land in Kenya need a grant of administration covering the specific property, or their entire case can be struck out.

What this practically means

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Executive summary

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The Plaintiffs, describing themselves as beneficiaries of the estate of the late Lokolinyang Cheptipoch alias Lokoling'or Loyerik, filed a plaint dated 06/08/2024 through M/S Matui and Company Advocates, together with a Notice of Motion under certificate of urgency. Upon entering appearance, the Defendants filed a Notice of Preliminary Objection dated 24/08/2024 on the single ground that the Plaintiffs lacked a grant or legally proper basis to file and prosecute the suit. The objection was disposed of by written submissions. The Defendants argued that the Limited Grant dated 05/04/2024 was confined to preserving land title No. West Pokot/Kanyarkwat Group Ranch/195, whereas the plaint sought reliefs over parcels Nos. 60-77 and Nos. 168 & 196; without a valid grant covering those parcels, the Plaintiffs lacked locus standi, citing authority that a party without locus standi cannot be heard even where a cause of action subsists. The Plaintiffs countered that they were beneficiaries aggrieved by intermeddling and had obtained a grant ad litem, and urged that the objection was not a pure point of law. The court adopted the Mukisa Biscuit definition of a preliminary objection and the IRAC method of analysis. It held that capacity to sue for a deceased's estate requires a full grant or a limited grant matching the subject matter, and that the Plaintiffs' limited grant did not extend to the parcels in suit. Upholding the objection, the court struck out the suit with costs to the Defendants and closed the file subject to payment of those costs.

Key legal issues

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01

Whether the Plaintiffs, holding only a Limited Grant ad litem for preserving one parcel, had locus standi to sue over other parcels

Holding

They did not; the limited grant did not extend to the parcels in suit, so the preliminary objection was upheld and the suit struck out

Reasoning

Section 82(a) of the Law of Succession Act empowers personal representatives to enforce causes of action for the estate, subject to any limitation imposed by their grant. Section 67 and Rule 36 govern limited grants for special purposes. The Plaintiffs' Limited Grant dated 05/04/2024 was restricted to preserving parcel No. West Pokot/Kanyarkwat Group Ranch/195, yet the plaint sought reliefs over parcels Nos. 60-77 and 168 & 196. Because the grant's powers were confined to a specific subject matter, they could not be stretched to other parcels, leaving the Plaintiffs without capacity to prosecute the suit.

p. 5
02

Whether the objection was a valid preliminary objection on a point of law

Holding

Yes; it was a pure point of law on legal capacity going to the root of the suit

Reasoning

Relying on the Mukisa Biscuit definition, the court reaffirmed that a preliminary objection must be a pure point of law argued on the assumption that the facts pleaded by the other side are correct, and must be sufficiently particularized. The objection that the Plaintiffs lacked a proper grant, and therefore locus standi, was a legal question dependent only on the pleadings and the grant, requiring no ascertainment of facts or exercise of discretion, and was therefore properly raised as a preliminary objection.

p. 4

Legal principles established

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  • A party without a full grant of letters of administration, or a limited grant covering the subject matter of the suit, has no capacity to institute or defend a suit on behalf of a deceased's estate
  • A preliminary objection raises a pure point of law argued on the assumption that all facts pleaded by the other side are correct

Court orders

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  1. 1.The Preliminary Objection is upheld
  2. 2.The suit is struck out
  3. 3.Costs of the suit to the Defendants
  4. 4.The file is closed subject to payment of the costs ordered

Authorities

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Legislation

  • Law of Succession Act, Chapter 160 Laws of KenyaSection 67
  • Law of Succession Act, Chapter 160 Laws of KenyaSection 82(a) (also referred to as Sections 82(2) and 80(a))
  • Law of Succession Act, Chapter 160 Laws of KenyaSection 80(2)
  • Law of Succession Act, Chapter 160 Laws of KenyaSchedule 5
  • Probate and Administration Rules, 1980Rule 36

Cases cited (10)

  • Mukisa Biscuit Manufacturing Co. Ltd -vs- West End Distributors Ltd
    (1969) EA 696
  • Bashir Haji Abdullahi v Adan Mohammed Noor & 3 Others
    [2004] eKLR
  • Susan Wairimu Ndiangui V Pauline W. Thuo & Another
    [2005] eKLR
  • Kiptoo & 3 Others V Kiptoo & 2 others; Makoha & 6 others (Interested Parties)
    [2022] KEHC 10188 (KLR)
  • Alfred Njau and others Vs. City Council of Nairobi
    (1982) KAR 229 / (1982-88) 1 KAR 229
  • Julian Adoyo Ongunga & Another V Francis Kiberenge Bondeva (suing as the Administrator of the Estate of Fanuel Evans Amudavi, Deceased)
    [2016] EKLR
  • Elijah Nderitu Gachaga V Francis Gakuu Gachaga, Stephen Kariuki Gachaga & Samson James Gachaga
    [2019] KEELC 773 (KLR)
  • Macfoy v United Africa Co. Ltd.
    [1961] 3 ALL ER 1169
  • Elijah Chepkwony Chirchir V Joel Kipngeno Rop & 5 Others
    [2019] KEELC 4019 (KLR)
  • Beatrice Wambui Kiarie v Beatrice Wambui Kiarie & 9 Others
    (2018) eKLR
Jurisdiction invoked
Original civil jurisdiction; suit over land in West Pokot; determination on preliminary objection under the Law of Succession Act (Cap 160) and Probate and Administration Rules, 1980

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, "Lokolinyang (Suing as the Legal Representative of the Late Lokolinyang Cheptipoch alias Lokoling’or Loyerik) & another v Rengono & 15 others (Environment & Land Case E029 of 2024) [2025] KEELC 19 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/19/eng@2025-01-16

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