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ELCPartially AllowedNot stated in the ruling (ELC Kitale; suit concerning Title No. Kitale Municipality Block 15/Koitogos/221)· [2025] KEELC 7884 (KLR)

Tuwei v Kariuki (Suing as the Administrator of the Estate of Rose Wangeci Kariuki); Kariuki & 2 others (Applicant) (Environment and Land Case E039 of 2025) [2025] KEELC 7884 (KLR)

Environment and Land Court
12 November 2025
3,142 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Kitale refused to protect a land buyer whose title had already been cancelled by the High Court, ruling she must appeal rather than re-litigate.

What this practically means

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Executive summary

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The plaintiff, Lilian Chepchuma Tuwei, sued the defendant as legal administrator of the estate of the late Rose Wangeci Kariuki, alleging she lawfully purchased the suit property, Kitale Municipality Block 15/Koitogos/221, in 2018 and obtained a title deed in 2021, but the defendant refused to hand over vacant possession and later procured orders in Kitale HC P&A No. 199 of 2010 cancelling her title and reverting the land to the estate. She sought a temporary injunction and an inhibition order restraining dealings with the title. Separately, the proposed interested parties - beneficiaries of the estate - applied to be joined and for a stay of proceedings, alleging fraud in the sale and reliance on the Law of Succession Act. The court found the beneficiaries had demonstrated a sufficient stake to participate. On the injunction, it held the plaintiff's alleged rights arose from orders of the Family Division of the High Court, a coequal court, issued on 18/5/2023 and 22/11/2023, which she had not appealed and which she was still seeking to set aside in the succession cause. Relying on Wambui v Wambui and Bellevue Development, the court held that a court of equal and concurrent jurisdiction cannot overrule or injunct the execution of another court's orders; doing so would amount to sitting on appeal over a sister court and abuse of process. The plaintiff had not taken possession or developed the land, damages would suffice, and unexplained delay weighed against her. The application dated 4/8/2025 was dismissed with no orders as to costs.

Key legal issues

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01

Injunction threshold

Holding

The plaintiff failed to establish a prima facie case; her alleged rights arise from orders of a sister court of concurrent jurisdiction which she has not appealed and which she is seeking to set aside in the succession cause

Reasoning

The court applied the Giella/Mrao test: a prima facie case is a right violated calling for rebuttal. The plaintiff's title was cancelled by the Family Division on 22/11/2023 for fraud and non-acknowledgment of co-owners' rights. Her remedy was appeal or the pending application in the succession cause, not a parallel injunction in the ELC. Damages would suffice as she never took possession or developed the land, and the balance of convenience and unexplained delay weighed against her.

p. 4
02

Joinder of interested parties

Holding

The proposed interested parties, being beneficiaries listed in the certificate of confirmation of grant who hold the land under a trust, demonstrated a sufficient stake to be joined

Reasoning

Applying Order 1 Rule 8(3), 9 and 10 of the Civil Procedure Rules and the Royal Media Services definition of an interested party, the court found the beneficiaries had shown the orders sought would affect their interests. The suit land is listed as estate property which the defendant held in trust for them, and the DCI found the KRA PIN used in the transfer did not belong to them, raising fraud.

p. 4
03

Comity between courts of concurrent jurisdiction

Holding

The ELC cannot sit in appeal over or injunct the execution of orders of the High Court Family Division; the two courts are coequal

Reasoning

Relying on Wambui v Wambui and Bellevue Development, the court held that one judge of the same status cannot examine the pronouncements of another; that task belongs to appellate courts. The plaintiff's attempt to achieve through the ELC what the succession court had refused endangered harmony in the administration of justice and was an abuse of process.

p. 6

Legal principles established

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  • A court of equal and concurrent jurisdiction cannot overrule or overturn another court's orders; the remedy is appeal to a higher court
  • A purchaser whose title was revoked by a succession court cannot re-litigate the same issue in the ELC by way of injunction
  • A contract of sale of land forming part of a deceased estate, post-confirmation of grant, is only valid if completed with the consultation of all beneficiaries under Section 93 of the Law of Succession Act

Court orders

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  1. 1.The application dated 4/8/2025 is dismissed
  2. 2.No orders as to costs on the dismissed application
Jurisdiction invoked
Section 13(2) of the ELC Act, Section 47 of the Law of Succession Act and Article 162(2)(b) of the Constitution

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, "Tuwei v Kariuki (Suing as the Administrator of the Estate of Rose Wangeci Kariuki); Kariuki & 2 others (Applicant) (Environment and Land Case E039 of 2025) [2025] KEELC 7884 (KLR)", Case Analysis (2025). Not stated in the ruling (ELC Kitale; suit concerning Title No. Kitale Municipality Block 15/Koitogos/221). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7884/eng@2025-11-12

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