Montet v Leposo 2 others (All Sued as Administrators of the Estate of Idd Maimbu Hassan (Deceased)) & 3 others (Environment and Land Case E024 of 2025) [2025] KEELC 6829 (KLR)
The bottom line
#The Environment and Land Court struck out a landowner's entire suit because his real dispute was with a succession court ruling, not a trespass claim.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC had jurisdiction over a trespass claim whose substratum is the revocation of title in a succession cause
The court was divested of jurisdiction; the dispute fell within the exclusive domain of the Succession Court under the Law of Succession Act
Though framed as trespass, the claim required the court to interrogate the validity of the revocation of the Plaintiff's title by the succession court and the redistribution of the estate. That would amount to sitting on appeal over rulings of Nyakundi J and Chacha Mwita J in the succession cause, which the ELC cannot do. Jurisdiction over confirmation and revocation of grants vests in the High Court under section 47 of the Law of Succession Act.
Whether the Preliminary Objection was properly a point of law
Yes - it raised jurisdiction, a central issue in every matter before the court
Applying Mukisa Biscuit, an objection to jurisdiction is a classic preliminary objection that may dispose of the suit in limine. The court therefore dealt with it before the merits of the Notice of Motion.
Legal principles established
#- A preliminary objection is a point of law which, if argued as a preliminary point, may dispose of the suit
- Jurisdiction is central to every matter; a court without jurisdiction must down tools immediately
- Specialized courts of equal status with the High Court cannot exercise jurisdiction reserved for the High Court
Court orders
#- 1.The Preliminary Objection dated 4th June 2025 is hereby upheld.
- 2.This Court is without jurisdiction to entertain and determine this matter, the same falling within the exclusive domain of the Succession Court under the Law of Succession Act.
- 3.The Plaintiff's Notice of Motion dated 10th March 2025 together with the entire suit is struck out with costs to the Defendants.
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya, 2010 and section 13 of the Environment and Land Court Act, No. 19 of 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Montet v Leposo 2 others (All Sued as Administrators of the Estate of Idd Maimbu Hassan (Deceased)) & 3 others (Environment and Land Case E024 of 2025) [2025] KEELC 6829 (KLR)", Case Analysis (2025). ELC E024/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6829/eng@2025-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.