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ELCDismissedMemorandum of Appeal dated 21-6-2024 (from Murang'a MCELC/E078/2021)· [2025] KEELC 4155 (KLR)

Kamanda v Karuga & 2 others (Environment and Land Appeal E026 of 2024) [2025] KEELC 4155 (KLR)

Environment and Land Court
27 May 2025
1,292 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that a land suit survives even when one party is struck out, and an estate's legal representatives can properly be added as defendants.

What this practically means

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Executive summary

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This was an appeal to the Environment and Land Court at Murang'a against a ruling of the Senior Principal Magistrate dated 31-5-2024 in Murang'a MCELC/E078/2021, allowing a notice of motion dated 26-10-2023 to amend the plaint and join Arthur Hunja Kamanda and Rose Waruguru as 3rd and 4th Defendants following the striking out of James Kamanda, who had been found to lack capacity to be sued on behalf of the estate of Kamanda Gichira. The Appellant raised three grounds: that it was improper to join legal representatives in a case not filed against a deceased party or his administrators; that the suit was a nullity as filed against a dead litigant; and that a dead suit could not be revived by subsequent joinder. The Court distilled four issues and dismissed the appeal. It held that under Sections 79 and 82 of the Law of Succession Act the estate vests in personal representatives for all purposes of the grant, including being sued; that the joinder was distinct from an Order 24 appointment in a pending suit against a deceased; that no dead litigant existed since the joined parties were alive and the point was not raised below; and that the suit did not die with the striking out of James Kamanda because other parties, including the County Government of Murang'a and the Land Registrar, remained. The amendment was properly grounded on Order 1 rule 10 of the Civil Procedure Rules. The appeal was dismissed with costs to the 1st Respondent, and the lower court suit to proceed with the joined Defendants.

Key legal issues

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01

Whether legal representatives of a deceased could properly be joined in a suit that was not initially filed against a deceased person or his administrators

Holding

It was proper; personal representatives represent the deceased for all purposes of the grant, including being sued

Reasoning

Under Section 79 of the Law of Succession Act, the deceased's property vests in the personal representatives, who represent the deceased for all purposes of the grant. Section 82 empowers them to enforce causes of action surviving the deceased; equally, they may be sued on causes of action against the estate. The joinder here was not an Order 24 appointment of a legal representative in a pending suit against a deceased, so no antecedent suit against the deceased was required.

p. 3
02

Whether the suit was a nullity for having been filed against a dead litigant

Holding

No dead litigant existed; neither Arthur Hunja nor Rose Waruguru was dead, and that point was not raised in the lower court

Reasoning

The court found no evidence or argument that the joined parties were dead, and held that a point not raised in the lower court cannot be raised on appeal.

p. 3
03

Whether the suit was dead for lack of a legal representative at the time of filing

Holding

The suit was not dead; other parties remained and it continued against them

Reasoning

James Kamanda was not the only party; the County Government of Murang'a and the Land Registrar Murang'a remained parties, so striking him out did not terminate the suit. The amendment to introduce the correct parties was properly grounded on Order 1 rule 10 of the Civil Procedure Rules.

p. 3

Legal principles established

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  • Personal representatives of a deceased person vest with the estate and may be sued on behalf of the estate
  • A suit does not die merely because one party is struck out for want of capacity; it continues against the remaining parties

Court orders

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  1. 1.Appeal dismissed for lack of merit
  2. 2.Lower court suit to proceed with Arthur Hunja Kamanda and Rose Waruguru as Defendants
  3. 3.Costs to the 1st Respondent
On appeal from
Senior Principal Magistrate's Court, Murang'a
Murang'a MCELC/E078/2021
Jurisdiction invoked
First appeal against ruling of the Senior Principal Magistrate's Court in Murang'a MCELC/E078/2021

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, "Kamanda v Karuga & 2 others (Environment and Land Appeal E026 of 2024) [2025] KEELC 4155 (KLR)", Case Analysis (2025). Memorandum of Appeal dated 21-6-2024 (from Murang'a MCELC/E078/2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4155/eng@2025-05-27

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