Kamanda v Karuga & 2 others (Environment and Land Appeal E026 of 2024) [2025] KEELC 4155 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#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
It was proper; personal representatives represent the deceased for all purposes of the grant, including being sued
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.
Whether the suit was a nullity for having been filed against a dead litigant
No dead litigant existed; neither Arthur Hunja nor Rose Waruguru was dead, and that point was not raised in the lower court
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.
Whether the suit was dead for lack of a legal representative at the time of filing
The suit was not dead; other parties remained and it continued against them
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.
Legal principles established
#- 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
#- 1.Appeal dismissed for lack of merit
- 2.Lower court suit to proceed with Arthur Hunja Kamanda and Rose Waruguru as Defendants
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.