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ELCDismissedKisumu ELC Civil Suit (number not stated in judgment)· [2025] KEELC 6402 (KLR)

Okello v Staussi t/a Andhoga Staussi & Company Advocates & another; Sigu (Applicant) (Suing as the Administrator of the Estate of Francis Sigu Okello, Deceased) (Environment and Land Case Civil Suit 796 of 2015) [2025] KEELC 6402 (KLR)

Environment and Land Court of Kenya
25 September 2025
SOS. Okong'o
2,291 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Kisumu dismissed a bid to revive a land suit that had expired 13 years earlier because the delay was never properly explained.

What this practically means

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Executive summary

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The deceased Plaintiff, Francis Sigu Okello, sued the Defendants on 3rd July 2010 seeking a declaration that the transfer of land parcel Kisumu/Kapuonja/2197 to the 2nd Defendant was fraudulent, null and void, cancellation of the 2nd Defendant's registration, general damages and costs. The 1st Defendant denied the fraud, contending the Plaintiff had sold the property to the 2nd Defendant for Kshs. 520,000/- and that she acted as the 2nd Defendant's agent. The Plaintiff died on 15th June 2011; no substitution occurred within one year, and on 27th October 2014 the suit was ordered to have abated. Before the court was a Notice of Motion dated 4th December 2024 by Joel Owino Sigu, administrator of the deceased's estate, seeking enlargement of time, leave to substitute the deceased Plaintiff, setting aside of the abatement order, revival of the suit, and leave to amend the plaint. The 1st Defendant opposed, citing an inordinate and unexplained delay of 14 years. The court, applying Order 24 Rules 3 and 7 of the Civil Procedure Rules and the definition of sufficient cause in Attorney General v Law Society of Kenya, held that the applicant had not shown sufficient cause or good reason. No explanation for the delay appeared in the supporting affidavit, and the explanation offered in submissions was inadmissible, submissions not being evidence. The court further found the claim of ignorance of the suit contradicted by the record, since the applicant himself swore the affidavit and supplied the death certificate on which the 2014 abatement order was founded. The application was dismissed with each party bearing its own costs.

Key legal issues

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Whether sufficient cause was shown to extend time and revive the abated suit

Holding

The application was dismissed because the applicant gave no explanation for the 13-year delay in his supporting affidavit, and his claim of ignorance of the suit was contradicted by the record

Reasoning

The court found the discretion under Order 24 could not be exercised in the applicant's favour. The affidavit supporting the application contained no explanation for the delay, and the explanation offered in submissions was inadmissible. Moreover, the applicant had personally sworn the affidavit and furnished the death certificate on which the 2014 abatement order was based, showing he knew of the suit long before filing the application.

p. 5

Legal principles established

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  • An abated suit can only be revived upon the applicant showing sufficient cause, and time for substitution of a deceased plaintiff can only be extended for good reason
  • Submissions are not evidence and cannot prove or disprove a fact
  • Sufficient cause must be rational, plausible, logical, convincing, reasonable and truthful, leaving no unexplained gaps in the sequence of events

Court orders

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  1. 1.The Notice of Motion application dated 4th December 2024 is dismissed
  2. 2.Each party shall bear its costs of the application

Authorities

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Legislation

  • Civil Procedure RulesOrder 24 Rule 3(1)
  • Civil Procedure RulesOrder 24 Rule 3(2) and proviso
  • Civil Procedure RulesOrder 24 Rule 7(2)

Cases cited (2)

  • Rebecca Mijide Mungola & Another v Kenya Power & Lighting Company Ltd. & Others
    Nairobi Civil Appeal No. 283 of 2015
  • Attorney General v Law Society of Kenya & another
    [2017] eKLR
Jurisdiction invoked
Order 24 Rules 3 and 7 of the Civil Procedure Rules (original civil jurisdiction)

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, "Okello v Staussi t/a Andhoga Staussi & Company Advocates & another; Sigu (Applicant) (Suing as the Administrator of the Estate of Francis Sigu Okello, Deceased) (Environment and Land Case Civil Suit 796 of 2015) [2025] KEELC 6402 (KLR)", Case Analysis (2025). Kisumu ELC Civil Suit (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6402/eng@2025-09-25

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