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ELCPartially AllowedNot stated in judgment (Narok ELC suit)· [2025] KEELC 3064 (KLR)

Naikuni v Naikuni & 7 others; Manyuele (Applicant) (Environment & Land Case 9 of 2023) [2025] KEELC 3064 (KLR)

Environment and Land Court
3 April 2025
LGL. Gacheru
3,302 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Applicant, Maxwell Patita Manyuele, legal representative of the estate of Seenka Ole Manyuele, moved the Environment and Land Court at Narok by Notice of Motion dated 7th October 2024 seeking striking out of the suit against the 5th Defendant, Seenka Ole Manyuele, who died on 4th January 2020, before the suit was filed on 9th November 2023. He held Letters of Administration Ad Litem and argued that a suit against a dead person is a nullity, incurable by substitution or amendment, relying principally on C. Muttu v Bharath Match Works, McFoy v United Africa Co Ltd and Manyange v TG. The Plaintiff/Respondent, Francis Salaton Naikuni, opposed, contending he was unaware of the death, that he took the name from a land search, and urging that the issue was a mere technicality; he sought substitution of the deceased with the Applicant, relying on D T Dobie v Muchina, Isaya Masira Momanyi, Rajesh Chudasama, Abdirahim Abdi and James Mangeli Musoo. The court, per L. Gacheru J, held that suing a deceased person goes to legal capacity and jurisdiction and is not a mere technicality; a suit filed against a dead person is a nullity from inception and cannot be rectified by substitution, joinder or amendment. The court found the suit against the 5th Defendant a nullity, struck it out entirely, and awarded costs to the Applicant.

Key legal issues

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01

Whether a suit filed against a deceased person is a nullity

Holding

Yes; the suit against the 5th Defendant, who died on 4th January 2020 before the suit was filed on 9th November 2023, is a nullity from inception

Reasoning

The court noted the death certificate showed the 5th Defendant died almost four years before filing. Relying on C. Muttu v Bharath Match Works and Manyange (Deceased) v TG, it held a suit against a dead person is a nullity from its inception, irrespective of bona fide ignorance of the death, and cannot be salvaged.

p. 6
02

Whether the deceased 5th Defendant could be substituted with his legal representative

Holding

No; substitution cannot breathe life into a null suit

Reasoning

Following Viktar Maina Ngunjiri and Pratap Chand Mehta reasoning as cited, the court held that where a defendant was dead at institution, the proceedings are a nullity and no legal representative can be joined or substituted, since a void act is incurably bad per McFoy v United Africa Co Ltd.

p. 7

Legal principles established

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  • A suit filed against a person already dead is a nullity from inception and cannot be cured by substitution, joinder or amendment
  • Suing a deceased person goes to legal capacity and jurisdiction, not mere technicality

Court orders

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  1. 1.The suit against the 5th Defendant (deceased) is struck out entirely
  2. 2.Costs of the suit against the 5th Defendant awarded to the Applicant

Authorities

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Legislation

  • Civil Procedure ActSections 1A & 3A
  • Civil Procedure RulesOrder 2 Rule 15

Cases cited (13)

  • C. Muttu vs Bharath Match Works
    AIR 1964 Kant 293
  • Geeta Bharat Shah & 4 Others vs Omar Said Mwatayari & Another
    (2009) eKLR
  • R vs Karisa Chengo & 2 Others
    SCOK Petition No. 5 of 2015
  • Benjamin Leonard McFoy vs United Africa Co. Ltd
    [1961] All ER 1169
  • Manyange (deceased) vs TG (Minor suing through her mother and next friend WMG)
    Civil Appeal E005 of 2022 [2024] KEHC 1083 (KLR)
  • Limbe vs Wandhere & Anor
    ELC Case E001 of 2021 (2023) KEELC 16456
  • Pratap Chand Mehta vs Chisna Devi Meuta
    AIR 1988 Delhi 267
  • D T Dobie & Co (K) Ltd vs Muchina & another
    [1982] KLR 1
  • Isaya Masira Momanyi vs Daniel Omwoyo & Another
    (2017) eKLR
  • Rajesh Pranjivan Chudasama vs Sailesh Prajivan Chudasam
    (2014) eKLR
  • Abdirahim Abdi vs Safi Petroleum Products Ltd & 6 Others
    (2011) eKLR
  • James Mangeli Musoo vs Ezeetec Ltd
    eKLR 2017
  • Viktar Maina Ngunjiri & 4 others vs Attorney General & 6 others
    (2018) eKLR
Jurisdiction invoked
Sections 1A & 3A of the Civil Procedure Act and 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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Later judgments citing this (8)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Naikuni v Naikuni & 7 others; Manyuele (Applicant) (Environment & Land Case 9 of 2023) [2025] KEELC 3064 (KLR)", Case Analysis (2025). Not stated in judgment (Narok ELC suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3064/eng@2025-04-03

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