Morop Company Limited v Committee - Kambi ya Moto Primary School; Chesang (Interested Party) (Administrator of the Estate of Kiplenge Chesang (Deceased)) (Environment & Land Case 109 of 2012) [2015] KEELC 848 (KLR)

and an eviction order against the defendant. The defendant filed defence in which the claims of the plaintifi are denied. Further the defendant pleaded that it has been on the suit land for over 35 years. 3. The plot No. 67 seems to have become formally registered as Kampi ya Moto/ Block 1/67. The registered proprietor is one Kiplenge Chesang . Laiton Chesang, who has filed this application, has stated in the supporting afidavit to his application, that he is the legal administrator of the Estate of Kiplenge Chesang, who is said to be deceased. He has stated that the Estate will sufier irreparable loss if it is not enjoined as a party. 4. On the day of the hearing of the application, Mrs. Ndeda appeared for the applicant whereas Ms. Nancy Njoroge held brief for Mr. Olonyi for the plaintifi. Mr. Mbaka of the State Law Ofice appeared for the defendant. None of the counsels opposed the application. 5. I have considered the application. Although none of the parties has opposed it, I am inclined to disallow it. I have seen from the annexed title that the land parcel Kampi ya Moto/ Block 1/67 is in the name of Kiplenge Chesang. It is said that he is now deceased but there is no Certificate of Death, or other proof, to show that he is deceased. Although the applicant has described himself as administrator of the estate of Kiplenge Chesang, there is not attached any proof that he holds letters of administration. Without these critical documents I regret that I am unable to allow the application. If these documents would have been availed, I would not have had dificulty in allowing the application, for I can see for myself that Kiplenge Chesang, being owner of a land parcel in issue, is clearly an interested party. But for want of proof of death and lack of proof of capacity, I have no option but to strike out this application. A proper one may be filed later. 6. Since the application was not opposed, I make no orders as to costs. It is so ordered. DATED, SIGNED AND DELIVERED IN OPEN COURT AT NAKURU THIS 18TH DAY OF FEBRUARY 2015. MUNYAO SILA JUDGE ENVIRONMENT AND LAND COURT AT NAKURU In the presence of : Ms Jennifer Ndeda for intended interested partly/applicant N/A for M/s Olonyi & Co for plaintifi N/A for State Law ofice for defendant MUNYAO SILA JUDGE ENVIRONMENT AND LAND COURT AT NAKURU https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/848/eng@2015-02-18 2

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