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ELCDismissedNot stated in judgment (originally HCCC 5791 of 1993, High Court Nairobi, transferred to ELC in 2015)· [2025] KEELC 7142 (KLR)

Mary Njeri (Suing as the Legal Representative of – the Estate of Karugu Guandai) & another v Drani (Suing as the Legal Representative of – the Estate of Patrick Futo Drani) (Environment and Land Case 717 of 2015) [2025] KEELC 7142 (KLR)

Environment and Land Court
16 October 2025
6,452 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court dismissed a 35-year-old land sale claim because the buyer sued the wrong estate over an agreement signed before a grant was confirmed.

What this practically means

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Executive summary

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This first-instance ELC Kajiado suit, originally filed in 1993 in the High Court as HCCC 5791 of 1993 and transferred to the ELC in 2015, sought specific performance of a sale agreement dated 25th September 1990 under which the late Patrick Futo Drani, as administrator of the estate of Charles Origa Futo Drani, agreed to sell four acres excised from L.R. No. 1160/156, Langata, to the late Karugu Guandai for Kshs. 2,400,000/-. After the original parties died, Mary Njeri Mburu was substituted for the purchaser's estate on a limited grant ad litem, and the Defendant was substituted for the vendor's estate. The 2nd Plaintiff, a subsequent purchaser, withdrew in December 2022. At the hearing, the plaintiff's witnesses included Dr. John Khaminwa and Samuel Gakuru; the court also summoned the Chief Land Registrar and Director of Land Administration under Section 22(b) of the Civil Procedure Act, whose evidence showed the property had since been distributed and transferred to beneficiaries. The court framed five issues and held that: (i) the claim was fatally misdirected to the estate of Patrick Futo Drani, who was never the owner; (ii) the 1990 agreement was null and void because the administrator sold estate immovable property before confirmation of grant, contrary to Sections 55 and 82(b)(ii) of the Law of Succession Act, and courts do not enforce illegal contracts; (iii) the plaintiff lacked locus standi, her grant ad litem having been revoked when she filed the amended plaint and having been fraudulently obtained in Machakos without disclosing the pending Nairobi succession cause; and (iv) even otherwise, the agreement lapsed with time of the essence, the plaintiff had not performed, and the land no longer exists. The suit was dismissed in its entirety with costs to the Defendant.

Key legal issues

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01

Cause of action against the correct estate

Holding

The claim was misdirected to the estate of Patrick Futo Drani, whereas the agreement was made by him as administrator of the estate of Charles Origa Futo Drani, the true owner; the mistake was fatal

Reasoning

The registered proprietor was Charles Origa Futo Drani; Patrick Futo Drani contracted only in his capacity as personal representative under a grant registered against the title in 1989. A claim founded on that agreement must be laid against the estate represented. The plaint described the Defendant as administrator of Patrick Futo Drani's estate, so the claim targeted a non-owner, which the court found fatal to the suit.

p. 9
02

Enforceability of the 1990 sale agreement

Holding

Null and void because the administrator sold estate immovable property before confirmation of grant, contrary to Sections 82(b)(ii) and 55 of the Law of Succession Act; an illegal contract will not be enforced

Reasoning

The grant in favour of Patrick Futo Drani had not been confirmed at the time of the agreement. Relying on authority, sale of estate immovable property before confirmation is prohibited and void, amounting to intermeddling. No court will enforce an illegal contract, per the ex turpi causa principle. Accordingly the agreement cannot found an order of specific performance.

p. 10
03

Locus standi of the 1st Plaintiff

Holding

She lacked standing: the limited grant ad litem had been revoked when she filed the amended plaint, and it was fraudulently obtained in Machakos without disclosing the pending Nairobi succession cause and existing grant

Reasoning

The grant ad litem was revoked on 28th June 2017 and only reinstated in March 2022, after the amended plaint of 14th June 2019. Further, the plaintiff was an objector in Nairobi H.C. Succession Cause 1931 of 2009 where a limited grant had issued to the widow, yet concealed that cause when obtaining the Machakos grant. A limited grant cannot issue alongside a substantive cause; the proceedings were defective in substance and a nullity.

p. 7
04

Termination by non-completion and non-existence of subject land

Holding

Even apart from the above, the agreement was terminated by non-performance by the completion date (time being of the essence), the plaintiff had not performed, and the four acres no longer exist having been distributed to beneficiaries

Reasoning

The agreement, subject to the Law Society Conditions of Sale, fixed completion at 31st December 1990 with time of the essence. The land has since been transferred to administrators of the estate of Getrude Nansamba Drani and to Olivia Dranny Bulyaba per the Land Registrar's evidence, so an order of specific performance could not be effectuated.

p. 11

Legal principles established

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  • A personal representative has no capacity to sell immovable property of a deceased's estate before confirmation of grant; any such sale is null and void
  • A claim arising out of a contract entered into by a deceased's administrator lies against the estate represented, not against the administrator's personal estate
  • A limited grant ad litem cannot issue where a substantive succession cause and grant of letters of administration already exist over the same estate; a grant obtained without disclosure of the existing cause is fraudulently obtained and the proceedings are a nullity
  • Specific performance is discretionary and unavailable where the contract is invalid or unenforceable

Court orders

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  1. 1.The Plaintiffs' suit is dismissed in its entirety
  2. 2.Costs of the suit awarded to the Defendant
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under the Environment and Land Court Act (suit transferred from the High Court in 2015)

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, "Mary Njeri (Suing as the Legal Representative of – the Estate of Karugu Guandai) & another v Drani (Suing as the Legal Representative of – the Estate of Patrick Futo Drani) (Environment and Land Case 717 of 2015) [2025] KEELC 7142 (KLR)", Case Analysis (2025). Not stated in judgment (originally HCCC 5791 of 1993, High Court Nairobi, transferred to ELC in 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7142/eng@2025-10-16

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