[2012] KEHC 62 (KLR)

[2012] KEHC 62 (KLR)

The court found that the plaintiff, as the legal wife of the deceased, had a right to occupy the property inherited by her late husband and to preserve it for the estate and beneficiaries. The court exercised its discretion under Article 159(d) of the Constitution to allow the suit to proceed despite the procedural anomaly of the plaintiff obtaining letters of administration ad litem after filing the suit. The court held that the suit was not barred by limitation, as it was an action for trespass arising in 2011-2012, not an action to enforce the 1998 grant. The defendant was found to have no competing claim or right to the property. The plaintiff established a prima facie case, and the...

Citation
[2012] KEHC 62 (KLR)
Parties
Plaintiff: Naomi Jelimo Katam; Defendant: Ruth Kiplagat
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
18 December 2012
Case Number
Environment & Land Case 987 of 2012
Procedural Posture
Injunction Application / Ruling on Interlocutory Injunction
Outcome
injunction granted in part
Legal Topics
Injunctive Relief, Locus Standi, Succession Rights, Trespass to Land
Source Language
English
Land and Property Civil Procedure Injunctive Relief Locus Standi Succession Rights Trespass to Land

Case Brief

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Parties

Naomi Jelimo Katam

Plaintiff

Ruth Kiplagat

Defendant

Procedural Posture

Injunction Application / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the plaintiff has established a prima facie case for grant of an interlocutory injunction against the defendant.
  2. 2 Whether the plaintiff has locus standi to bring the suit, having obtained letters of administration ad litem after filing the suit.
  3. 3 Whether the suit is barred by limitation of time due to the confirmation of grant in 1998.

Ratio Decidendi

The court found that the plaintiff, as the legal wife of the deceased, had a right to occupy the property inherited by her late husband and to preserve it for the estate and beneficiaries. The court exercised its discretion under Article 159(d) of the Constitution to allow the suit to proceed despite the procedural anomaly of the plaintiff obtaining letters of administration ad litem after filing the suit. The court held that the suit was not barred by limitation, as it was an action for trespass arising in 2011-2012, not an action to enforce the 1998 grant. The defendant was found to have no competing claim or right to the property. The plaintiff established a prima facie case, and the...

Court Disposition

injunction granted in part

Orders

  • Pending hearing of the suit, the defendant is restrained from interfering with the 85 acres bequeathed to David Kiplagat in LR No.4403/2.
  • Costs of the application awarded to the applicant.