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ELCStruck OutNot stated in judgment· [2025] KEELC 3241 (KLR)

Leparakuo (Suing as the Administratrix of the Estate of the Late Daniel Konana Leparakuo) v Estate of Robert Shena Leparakuo & 3 others (Environment & Land Case E110 of 2024) [2025] KEELC 3241 (KLR)

Environment and Land Court
27 March 2025
LKL. Komingoi
729 words in judgment
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The bottom line

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A family land dispute over a deceased person's properties was struck out because Kenyan succession and estate disputes belong in the High Court Family Division, not the Environment and Land Court.

What this practically means

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Executive summary

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This ruling by L. Komingoi J of the Environment and Land Court at Kajiado, delivered virtually on 27th March 2025, determined a preliminary objection dated 29th November 2024 raised by the 1st, 2nd and 3rd Defendants against the Plaintiff's suit and Notice of Motion dated 28th October 2024, which sought transfer of two properties, Ngong/Ngong 17237 and 17238, from the 2nd Defendant as Administratrix of the Estate of Robert Shena Leparakuo. The objection raised three grounds: a pending suit between the same parties over the same subject matter (Ngong MC ELC E018 of 2024); lack of jurisdiction, the proper forum being the Succession/Family Court; and absence of a cause of action. The court applied the established test that a true preliminary objection must rest on pure law without factual entanglement, citing Equity Bank Ltd v Bryan Yongo, Oraro v Mbajja and the Lillian S 'Lillian' case on jurisdiction. The court found the suit properties remained registered in the deceased's name, making the dispute one between estate beneficiaries properly belonging to the High Court (Family Division), and noted the Plaintiff did not deny the pending suit, contrary to Section 6 of the Civil Procedure Act. The preliminary objection was upheld, the suit and Notice of Motion were struck out for want of jurisdiction, and, as the matter involves family members, each party was ordered to bear its own costs.

Key legal issues

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01

Whether the preliminary objection against the Plaint's competence and this Court's jurisdiction should be upheld

Holding

Upheld - the dispute concerns beneficiaries of a deceased person's estate and belongs to the High Court (Family Division); additionally, a pending suit between the same parties over the same subject matter offended Section 6 of the Civil Procedure Act

Reasoning

The court found the suit properties remained registered in the name of the late Robert Shena Leparakuo, so the 2nd Defendant was sued as Administratrix and the dispute involved estate beneficiaries, which is a succession matter for the Family Division. The Plaintiff did not deny a pending suit, Ngong MC ELC E018 of 2024, between the same parties over the same subject matter, contravening Section 6 of the Civil Procedure Act (sub judice).

p. 2

Legal principles established

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  • A true preliminary objection must not be entangled with factual issues
  • A court without jurisdiction must halt the proceedings immediately

Court orders

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  1. 1.The Preliminary Objection is upheld
  2. 2.The Suit and the Notice of Motion dated 28th October 2024 are struck out for want of jurisdiction
  3. 3.Each party to bear own costs

Authorities

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Legislation

  • Civil Procedure ActSection 6

Cases cited (3)

  • Equity Bank Ltd VS Bryan Yongo & another
    [2014] eKLR
  • Oraro VS Mbajja
    [2005] eKLR
  • The Owners of Motor Vessel "Lillian" S VS Caltex Oil (Kenya) Ltd
    [1989] KLR 1
Jurisdiction invoked
Environment and Land Court Act jurisdiction; objection that the proper forum is the High Court (Family Division) under succession law

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, "Leparakuo (Suing as the Administratrix of the Estate of the Late Daniel Konana Leparakuo) v Estate of Robert Shena Leparakuo & 3 others (Environment & Land Case E110 of 2024) [2025] KEELC 3241 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3241/eng@2025-03-27

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