Peter (Suing as the Administratrix of the Estates of Milka Wavinya Kakui & Kakui Malii Kiketi–Both Deceased) v Ngumbi & 2 others (Sued in Their Capacity as the Administrators of the Estate of Peter Ngumbi Mulei-Deceased) (Environment and Land Case E025 of 2020) [2025] KEELC 6444 (KLR)

Although the plaintiff pleaded that the suit properties were wrongly included in the deceased defendant's succession cause, she did not plead any cause of action such as trespass, fraud, negligence, trust, waste or illegality. Relying on Orders 2, 3 and 4 of the Civil Procedure Rules and the decision in Attorney General v Andrew Maina Githinji, the court held that a cause of action is an act by the defendant giving the plaintiff cause for complaint, and it declined to infer one from the evidence, holding the suit incompetent and striking it out.

The court observed that the evidence indicated disputes involving trespass, fraud, claims of ownership and deprivation of property, and noted the complexity created by the society's register listing the deceased plaintiffs as rightful owners and the possibility of probate proceedings. However, since the suit failed to disclose a cause of action, the question of proof was not determined on the merits.