[2006] KEHC 1372 (KLR)
The court found that the plaintiffs lacked locus standi to bring the application because there were rival Letters of Administration in existence regarding the estate of the late Benson Kiarie Njau. Until those rival Letters of Administration are revoked, the plaintiffs do not have the legal capacity to seek the...
Source-derived case information.
- Citation
- [2006] KEHC 1372 (KLR)
- Parties
- Plaintiff: Anthony Njoroge Kiarie; Plaintiff: Marie Angela Wacheke; Defendant: Mohamed Ega Musa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 834 of 2003
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Judges
- JL Osiemo
- Legal Topics
- Locus Standi, Administration of Estates, Interlocutory Injunctions, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Njoroge Kiarie
Plaintiff
Marie Angela Wacheke
Plaintiff
Mohamed Ega Musa
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiffs have locus standi to bring the application as administrators of the estate of the late Benson Kiarie Njau.
- 2 Whether the defendant should be compelled to deposit rent received or the outstanding purchase price in a joint account or in court pending determination of the suit.
Ratio Decidendi
The court found that the plaintiffs lacked locus standi to bring the application because there were rival Letters of Administration in existence regarding the estate of the late Benson Kiarie Njau. Until those rival Letters of Administration are revoked, the plaintiffs do not have the legal capacity to seek the orders requested. The court therefore declined to grant the orders sought in the Notice of Motion and dismissed the application with costs to the respondent.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 9th February 2005 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 834 of 2003
ANTHONY NJOROGE KIARIE MARIE ANGELA WACHEKE
(both suing as the Administrators of the Estate of the late BENSON KIARIE NJAU…….PLAINTIFFS
VERSUS
MOHAMED EGA MUSA…………........................................................…………............…...……DEFENDANT
RULING
The plaintiffs suing as the administrators of the estate of the late BENSON KIARIE NJAU brought this Notice of Motion seeking orders that pending the hearing and determination of this suit, the defendant be compelled to deposit all payments received and to be received by him as rent for the suit premises L.R. NO. 209/8294/133 South C Nairobi into an Interest Earning Bank Account to be opened in the Joint names of the Advocates for the parties involved herein and in the alternative pending the determination of this suit the defendant be compelled to deposit in court or in a Bank Account the sum of Shs.2,252,000/= being the outstanding balance of the purchase price of the suit property.
The application is premised on the grounds:
(a) That the plaintiffs have now discovered that the defendant has rented out the suit premises yet he is not the owner of the suit premises and has no locus or capacity to rent out the same.
(b) The defendant continues to receive rent payments from the tenants in the suit premises yet he has not completed payment of the purchase price for the said premises.
(c) The defendant does not deny the fact of the outstanding purchase price.
(d) The vendor, the applicants’ father died before receiving the full purchase price from the defendant and the applicants are the vendor’s Legal representatives.
The application is opposed by the defendant who has filed Grounds of Opposition. In paragraph 2 of the Grounds of Opposition the defendants avers that the present application lack in merit as the plaintiffs have no locus standi to sue in that the ownership of the suit property is vested in one Samuel Mwangi Njau and Margaret Wanjiru Njau.
This is confirmed by Certificate of Title ANK 2 page 15A and this is conceded by the applicants in paragraph 15 of the affidavit in support of the application sworn by the first plaintiff Anthony Njoroge Kiarie. On 9th February 2005 in which he avers that upon learning from the defendants replying affidavit that there were other persons who appear to have also obtained rights to administer the deceased’s estate have now filed an application in the said NAIROBI HIGH COURT SUCCESSION CAUSE NO. 248 OF 2002 seeking orders to revoke the said rival Letters of Administration. The application was filed on 11th August 2005.
This being the position, until those rival Letters of Administration are revoked the applicants have no locus to bring this suit and I therefore decline to grant orders sought in the Notice of Motion dated 9th February 2005 and the same is dismissed with costs to the respondent.
Dated and delivered at Nairobi this 13th day of September 2006.
J.L.A. OSIEMO
JUDGE