Ngeno (Suing as the administrator of the Estate of Lucia Cherotich Munai - Deceased) v Chepkwony (Sued as the administratrix of the Estate of David Kimuge Chepkwony - Deceased) & 2 others (Environment and Land Case E022 of 2025) [2026] KEELC 2351 (KLR)
The bottom line
#The Environment and Land Court in Kericho dismissed an administrator's bid for an injunction and inhibition over Kericho/Koiyet S.S/318, directing succession grievances to the succession cause.
What this practically means
#Executive summary
#Key legal issues
#Whether the application is res judicata
The application is not res judicata because the parties and the prayers in the present suit differ from those in Kericho HC Succession Cause No. 3 of 2015.
The court applied Section 7 of the Civil Procedure Act and the Supreme Court's test in Communications Commission of Kenya v Royal Media Services, which requires the same parties litigating under the same title and issues directly and substantially in issue. Only the 1st Defendant was a party to the succession cause, and the earlier cause concerned revocation of grant sought by third parties, whereas the present application seeks injunction and inhibition. The ingredients of res judicata were therefore not satisfied conjunctively.
Temporary injunction threshold
The Applicant failed all three Giella conditions: no prima facie case, no demonstration of irreparable injury, and the balance of convenience did not favour him.
The Applicant did not avail the application allegedly filed in the succession cause seeking removal of his mother as a beneficiary; the court held that any apprehension about that application should be raised in the succession cause itself. Nor did the Applicant demonstrate injury that could not be adequately compensated by damages. With both prior limbs failing, the court determined the application on balance of convenience and found it did not tilt in the Applicant's favour.
Order of inhibition under Section 68 of the Land Registration Act
Inhibition was refused because an applicant must demonstrate good grounds, and the inheritance dispute is best addressed in the succession cause.
Relying on Dorcas Muthoni & 2 others v Michael Ireri Ngari, the court held that an inhibition under Section 68 of the Land Registration Act is akin to a prohibitory injunction preserving disputed property pending trial and requires good grounds. Since the Applicant's complaint centres on an alleged application pending in Kericho HC Succession Cause No. 3 of 2015, those issues are best raised there, and good grounds were not demonstrated.
Legal principles established
#- Res judicata requires the same parties litigating under the same title, issues directly and substantially in issue, heard and finally determined by a competent court; different parties and different prayers defeat the doctrine.
- Where the grievance concerns an application pending in a succession cause, the proper forum for that grievance is the succession cause itself.
Court orders
#- 1.The Plaintiff/Applicant's Notice of Motion application dated 7th April, 2025 is dismissed with costs.
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya; Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngeno (Suing as the administrator of the Estate of Lucia Cherotich Munai - Deceased) v Chepkwony (Sued as the administratrix of the Estate of David Kimuge Chepkwony - Deceased) & 2 others (Environment and Land Case E022 of 2025) [2026] KEELC 2351 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2351/eng@2026-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.