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ELCAllowedNot stated in judgment (suit dated 18 August 2022, Malindi)· [2025] KEELC 3148 (KLR)

Chai (Suing as the Legal Representative of the Estate of the Late Balozi Chai Ngala) v Kahindi & 6 others (Environment & Land Case E048 of 2022) [2025] KEELC 3148 (KLR)

Environment and Land Court of Kenya
2 April 2025
EME. K. Makori
1,731 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court struck out a land suit because the plaintiff held an invalid second grant of administration over an estate already administered under an earlier Malindi grant.

What this practically means

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Executive summary

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The 6th defendant, Samuel Dunga, filed a Notice of Motion dated 22 October 2024 under Sections 1A, 1B, 3A and 80 of the Civil Procedure Act and Order 2 Rule 15 and Order 51 Rule 1 of the Civil Procedure Rules, seeking the striking out of the plaintiff's suit dated 18 August 2022. He argued that the suit disclosed no reasonable cause of action, was frivolous, vexatious and an abuse of process, and that the plaintiff lacked locus standi because a confirmed grant had already been issued to the 5th defendant, Emmanuel Kingi Mwasambu, on 18 October 2019 in Malindi Succession Cause No. 63 of 2019, under which the estate of Balozi Chai Ngala (deceased) had been fully administered. The plaintiff had instead obtained letters of administration in Mombasa Succession Cause E203 of 2021. No response or counterclaim was filed by any other party. Relying on authorities including Ibrahim v Hassan, the Estate of Sandra Gathoni Kanyotu, Kanyeki Kimatu, the Estate of Zakaria Lugonzo Amalemba and Re Estate of Nyambia Mukaya, the court (E. K. Makori J) held that two courts of coordinate jurisdiction cannot issue two valid grants over the same estate. The plaintiff's grant was found invalid, obtained through concealment and fraud, leaving him without locus standi and rendering the suit an abuse of process. The application was allowed in its entirety with costs, and the suit was struck out.

Key legal issues

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Whether the plaintiff, holding a grant issued in Mombasa Succession Cause E203 of 2021 over an estate already administered under a confirmed grant in Malindi Succession Cause No. 63 of 2019, had locus standi to sue

Holding

The plaintiff lacked locus standi; the later grant was invalid, having been obtained through concealment and fraud, and the entire suit was an abuse of court process.

Reasoning

The estate of the deceased had been administered and finalised under a confirmed grant issued to the 5th defendant on 18 October 2019 in Malindi. Precedent establishes that two grants over the same estate cannot coexist, as multiple succession causes embarrass the court and are an abuse of process. The plaintiff's subsequent grant was therefore void and conferred no standing.

p. 4

Legal principles established

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  • Two courts of coordinate jurisdiction cannot issue two valid grants of letters of administration over the same estate; a second grant obtained despite an existing confirmed grant is invalid and confers no locus standi.

Court orders

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  1. 1.The plaintiff's suit dated 18 August 2022 is struck out
  2. 2.The plaintiff shall bear the costs of the application and the suit

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A, 80
  • Civil Procedure RulesOrder 2 Rule 15; Order 51 Rule 1

Cases cited (5)

  • Ibrahim v Hassan & Charles Kimenyi Macharia
    [2009] eKLR
  • In the Matter of the Estate of Sandra Gathoni Kanyotu (Deceased), Misc. Succession Cause No. 21 of 2021
  • In the Matter of the Estate of Kanyeki Kimatu (Deceased)
    [2020] eKLR
  • In the Matter of the Estate of Zakaria Lugonzo Amalemba (Deceased), Succession Cause No. 146 of 2016
  • Re Estate of Nyambia Mukaya (Deceased), Succession Cause 1842 of 1999
    [2019] eKLR
Jurisdiction invoked
Sections 1A, 1B, 3A and 80 of the Civil Procedure Act and Order 2 Rule 15 and Order 51 Rule 1 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 (2)

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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, "Chai (Suing as the Legal Representative of the Estate of the Late Balozi Chai Ngala) v Kahindi & 6 others (Environment & Land Case E048 of 2022) [2025] KEELC 3148 (KLR)", Case Analysis (2025). Not stated in judgment (suit dated 18 August 2022, Malindi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3148/eng@2025-04-02

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