Sang & another (Suing as legal representatives of the Estate of Jonah Kipsang Ngeno - Deceased) v Yegon & 11 others (Environment and Land Case E019 of 2024) [2026] KEELC 3843 (KLR)
The bottom line
#The Environment and Land Court in Kericho refused to throw out a land dispute between family members, ruling it must be heard fully before any decision is made.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs' suit should be struck out under Order 2 Rule 15(1) of the Civil Procedure Rules as frivolous, vexatious, disclosing no reasonable cause of action and an abuse of process
The application was dismissed; the Defendants' contention that the acts complained of were done in execution of succession court orders is a merits question that cannot be resolved on a striking-out application.
The court applied the DT Dobie principle that a suit should not be summarily dismissed unless it is beyond redemption by amendment, and the Yaya Towers principle that a plaintiff is entitled to pursue a claim however implausible unless the defendant demonstrates shortly and conclusively that the claim is bound to fail. The Defendants conceded cutting trees and uprooting tea bushes but claimed they acted in execution of the 19th December 2023 orders; whether those acts were lawful execution is at the root of the dispute and requires a full hearing on the merits.
Whether the suit is res judicata given the proceedings in Kericho HC Succession Cause No. E053 of 2021
Res judicata was not properly before the court because the Defendants did not raise it in the application under consideration.
Although the Plaintiffs addressed res judicata in their Grounds of Opposition, the court noted that the Defendants' application dated 9th October 2024 sought striking out on the grounds of frivolity, vexatiousness and abuse of process, and did not plead res judicata. The court therefore declined to determine that issue.
Costs of the application
Costs follow the event; the unsuccessful Defendants bear the costs.
Under Section 27 of the Civil Procedure Act, a successful party should ordinarily be awarded costs unless the court for good reason directs otherwise. The Defendants' application having been dismissed, they were ordered to pay the costs.
Legal principles established
#- Striking out a suit is a draconian step to be exercised sparingly and only where the suit is so hopeless it cannot be cured by amendment; a suit showing a mere semblance of a cause of action should proceed to trial.
- Issues going to the merits of a dispute cannot be determined on an application to strike out a pleading.
Court orders
#- 1.The Defendants/Applicants' Notice of Motion application dated 9th October, 2024 is dismissed with costs
- Jurisdiction invoked
- Section 13 of the Environment and Land Court Act, 2012
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sang & another (Suing as legal representatives of the Estate of Jonah Kipsang Ngeno - Deceased) v Yegon & 11 others (Environment and Land Case E019 of 2024) [2026] KEELC 3843 (KLR)", Case Analysis (2026). ELC Case No. E019 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3843/eng@2026-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.