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ELCPartially AllowedNot stated in the judgment· [2025] KEELC 7944 (KLR)

Ranford Holdings Company Limited v Kana & another; Chief Land Registrar & 2 others (Intended Interested Party) (Environment and Land Case E391 of 2025) [2025] KEELC 7944 (KLR)

Environment and Land Court
18 November 2025
3,162 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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Kenya's Environment and Land Court struck out a land suit filed against people who had already died, ruling such suits cannot survive their death.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court (C.G. Mbogo, J) dealt with a notice of motion dated 30th October 2025 by Paresh Lalit Kana, the 3rd intended interested party, seeking joinder, striking out of the plaintiff's suit, and enforcement against alleged goons, and a preliminary objection dated 4th November 2025 by the plaintiff, Noor Haji Ali, contending lack of locus standi. The suit concerned property formerly registered in the names of the applicant's deceased parents, the subject of an earlier decree in ELC 574 of 2017. The applicant held limited letters of administration ad colligenda bona granted by the High Court on 26th October 2025 for 90 days, together with a Texas death certificate for his deceased mother, the 2nd defendant. The plaintiff objected that an ad colligenda grant confers no locus to litigate, that the foreign death certificate was not apostillised, and that no grant of letters of administration was produced. Adopting the High Court's analysis in Julian Adoyo Ongunga, the court noted that while ad colligenda grants are ordinarily for collection and preservation of estates, the High Court order did not define the scope of the 90-day grant, and adopted a wider interpretation conferring locus standi on the applicant pending a full grant, dismissing the preliminary objection. On striking out, the court held that the ad colligenda orders proved the defendants were deceased and that a suit instituted against a deceased person after death cannot survive. The plaint dated 6th August 2025 was struck out with costs, the status quo orders of 19th August 2025 were vacated, and the costs of the application were assessed at Kshs.75,000/- payable by the plaintiff. The judgment was delivered virtually on 18th November 2025.

Key legal issues

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01

Locus standi of a holder of a limited grant ad colligenda bona to apply in pending proceedings

Holding

The applicant had the necessary locus standi pending the full grant; the use of the ad colligenda grant was not fatal.

Reasoning

The court reviewed the distinction between grants ad litem and ad colligenda bona, noting that the purpose of the grant is normally collection and preservation of the estate. Because the High Court order of 26th October 2025 granting limited letters ad colligenda for 90 days did not define its use, and the applicant did not supply the underlying motion, the court adopted a wider interpretation inferring capacity to represent and defend the estate in the application.

p. 7
02

Whether a suit filed against deceased persons should be struck out

Holding

Yes; a suit filed against deceased persons after their death is a nullity and cannot survive.

Reasoning

The court found that the limited letters ad colligenda issued on 26th October 2025 constituted proof that the defendants were deceased. Relying on Japhet Nzila Muangi v Hamisi Juma Malee and Geeta Bharat Shah v Omar Said Mwatayari, it held that a suit instituted against a deceased person after death cannot survive, and struck out the plaint, vacating the status quo orders.

p. 7

Legal principles established

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  • A limited grant ad colligenda bona may, on a wide reading of the court order, confer locus standi on a holder pending a full grant, and a suit instituted against deceased persons after their death cannot survive.

Court orders

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  1. 1.The notice of preliminary objection dated 4th November, 2025 is dismissed
  2. 2.The notice of motion dated 30th October, 2025 is allowed
  3. 3.The plaint dated 6th August, 2025 is struck out with costs
  4. 4.The orders of status quo issued on 19th August, 2025 are vacated
  5. 5.The costs of the application assessed at Kshs. 75,000/- to be borne by the plaintiff

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A, 63(e)
  • Civil Procedure RulesOrder 1 Rule 10(2); Order 2 Rule 15(1)(b)(c) and (d)
  • Law of Succession ActSection 67; Fifth Schedule Form 14; paragraph 14
  • Probate and Administration RulesRules 36(1) and 36(2)
  • Hague Convention Abolishing the Requirement of Legalization for Foreign Documents of 1961 (Apostille Convention)

Cases cited (10)

  • Abdallah v Realty Brokers Limited & another
    (Environment & Land Case E048 of 2023) [2024] KEELC 7046 (KLR)
  • Elijah Nderitu Gachagua v Francis Gakuu Gachaga & 2 others
    [2019] eKLR
  • Prism Life Sciences Limited v Galaxy Pharmaceuticals Limited & another
    (Commercial Case E065 of 2025) [2025] KEHC 10038 (KLR)
  • Julian Adoyo Ongunga & another v Francis Kiberenge Bondeva (Suing as the Administrator of the Estate of Fanuel Evans Amudavi, Deceased)
    [2016] KEHC 4186 (KLR)
  • Greenway vs. McKay
    (1911) 12 CLR 310
  • Re Cohen
    (1975) VR 187
  • Morjarila vs. Abdallah
  • Peter Owade Ogwang v. Jared Obiero Ouya
    (2014) eKLR
  • Japhet Nzila Muangi versus Hamisi Juma Malee
    [2022] eKLR
  • Geeta Bharat Shah & 4 Others versus Omar Said Mwatayari & Another
    [2009] eKLR
Jurisdiction invoked
Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Order 1 Rule 10(2) and Order 2 Rule 15(1)(b)(c) and (d) of the Civil Procedure Rules

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, "Ranford Holdings Company Limited v Kana & another; Chief Land Registrar & 2 others (Intended Interested Party) (Environment and Land Case E391 of 2025) [2025] KEELC 7944 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7944/eng@2025-11-18

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