Lydia Atieno Ogola & another (Administrators of the estate of the late Fredrick Otieno Adumbo) v Gogni Rajope Consruction Ltd & 2 others [2022] KEELRC 1010 (KLR)
The bottom line
#Kenya's Employment Court struck out pleadings filed in a co-administrator's name without her consent, confirming estate administrators must act together.
What this practically means
#Executive summary
#Key legal issues
#Whether pleadings filed on behalf of one co-administrator without her consent or authority should be struck out
Yes; the pleadings were struck out because the applicant never consented to or approved the instructions
The co-administrator admitted in her replying affidavit that the applicant had declined to consent to the institution of the proceedings. Case law establishes that co-administrators must act together. Without the applicant's consent or leave of the court, the proceedings lacked legal foundation and could not stand.
Whether the preliminary objection on jurisdiction succeeded
No; the objection was self-defeating because if the Court lacked jurisdiction over the Motion it would also lack jurisdiction over the Cause
Counsel for the firm argued the dispute fell under the Law of Succession Act and the Probate and Administration Rules, outside the Court's jurisdiction. The Court held that accepting this argument would mean the Court had no jurisdiction over the Cause itself, rendering the objection self-defeating, and rejected it.
Legal principles established
#- Where there is more than one administrator of an estate, they are expected to act together and proceedings instituted without the consent of all administrators have no legal foundation
- Proceedings commenced without the consent of a co-administrator and without leave of the appropriate court cannot stand
Court orders
#- 1.Striking out of the pleadings filed on 24 November 2020
- 2.No order on costs
- Jurisdiction invoked
- Not expressly stated; the Cause is before the Employment and Labour Relations Court concerning Work Injury Benefits Act compensation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lydia Atieno Ogola & another (Administrators of the estate of the late Fredrick Otieno Adumbo) v Gogni Rajope Consruction Ltd & 2 others [2022] KEELRC 1010 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1010/eng@2022-01-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.