[2014] KEHC 5278 (KLR)
The court held that the plaintiff, having not taken out letters of administration in respect of the estate of the deceased, lacked the legal capacity to institute the suit. The suit was therefore incompetent and could not be maintained. The preliminary objection was upheld and the suit struck out with costs to the...
Source-derived case information.
- Citation
- [2014] KEHC 5278 (KLR)
- Parties
- Plaintiff: Chrysantus Wafula; Defendant: Silas Maruti; Defendant: Sammy K. Ngeywo
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 172 of 2013
- Procedural Posture
- Land Case / Preliminary Objection Ruling
- Outcome
- Suit struck out for want of locus standi; preliminary objection upheld.
- Legal Topics
- Locus Standi, Letters of Administration, Capacity to Sue
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chrysantus Wafula
Plaintiff
Silas Maruti
Defendant
Sammy K. Ngeywo
Defendant
Procedural Posture
Land Case / Preliminary Objection Ruling
Legal Issues
- 1 Whether the plaintiff has locus standi to institute the suit on behalf of the deceased without letters of administration.
Ratio Decidendi
The court held that the plaintiff, having not taken out letters of administration in respect of the estate of the deceased, lacked the legal capacity to institute the suit. The suit was therefore incompetent and could not be maintained. The preliminary objection was upheld and the suit struck out with costs to the defendants.
Court Disposition
Suit struck out for want of locus standi; preliminary objection upheld.
Orders
- The suit is struck out with costs to the defendants.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 172 OF 2013
CHRYSANTUS WAFULA …............................................. PLAINTIFF
VERSUS
SILAS MARUTI
SAMMY K. NGEYWO ..…............................................... DEFENDANTS
R U L I N G
Before the hearing of this suit could commence, a Preliminary Objection was taken don behalf of the defendants on the ground that the plaintiff has no locus standi to bring this suit and that it should therefore be struck out.
The plaintiff had filed this suit on behalf of his late brother Clement Simiyu Manamana (deceased). The plaintiff contends in the plaint that the defendants entered the deceased's land and that his efforts to have them move out has failed.
The defendants contend that since the plaintiff has not taken out letters of administration in respect of the deceased, he cannot purport to sue the defendants.
The plaintiff responded to the submissions by counsel for the defendants that he had been selected to take care of the deceased's family and that therefore he has capacity to bring the suit on behalf of the deceased.
The only issue for determination is whether the plaintiff has capacity to bring this suit against the defendants. The plaintiff has admitted in the plaint that plot No. 429 at Kapkoi Settlement Scheme belongs to the deceased. The plaintiff has not taken out letters of administrationin respect of the estate of the deceased. He therefore has no capacity to sue the defendants. The plaintiff's suit cannot be maintained.The preliminary objection is allowed with the result that the suit herein is struck out with costs to the defendants.
It is so ordered.
Dated, signed and delivered at Kitale on this 6th day of May, 2014.
E. OBAGA,
JUDGE
In the presence of Mr Nyakundi for Mr Nyamu for defendant and plaintiff in person. Court Clerk – Kassachoon.
E. OBAGA,
JUDGE
6/5/2014