[2014] KEHC 7327 (KLR)
The court held that the applicant, as one of several administrators, lacked the legal capacity to institute proceedings on behalf of the estate without the consent or joinder of the other administrators. The Law of Succession Act requires administrators to act jointly, and any dispute among them must be resolved by...
Source-derived case information.
- Citation
- [2014] KEHC 7327 (KLR)
- Parties
- Applicant: Republic; Respondent: Nairobi City Council; Applicant: Christine Wangari Gachege (suing on behalf of the Estate of Rahab Wanjiru Evans); Interested Party: Luziki Holdings Limited; Interested Party: Elizabeth Wanjira Evans; Interested Party: Mary Wanjiru Gachege
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 103b of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection/competency of Suit
- Outcome
- Application struck out for want of capacity.
- Judges
- DAS Majanja
- Legal Topics
- Capacity to Sue, Administration of Estates, Striking Out Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nairobi City Council
Respondent
Christine Wangari Gachege (suing on behalf of the Estate of Rahab Wanjiru Evans)
Applicant
Luziki Holdings Limited
Interested Party
Elizabeth Wanjira Evans
Interested Party
Mary Wanjiru Gachege
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection/competency of Suit
Legal Issues
- 1 Whether a single administrator can institute proceedings on behalf of an estate without the consent of co-administrators.
- 2 Whether the suit is competent in the absence of joint action by all administrators.
Ratio Decidendi
The court held that the applicant, as one of several administrators, lacked the legal capacity to institute proceedings on behalf of the estate without the consent or joinder of the other administrators. The Law of Succession Act requires administrators to act jointly, and any dispute among them must be resolved by the probate court. Since the other administrators opposed the suit and did not consent, the proceedings were incompetent and could not be sustained. The drastic remedy of striking out was warranted due to the fundamental lack of capacity.
Court Disposition
Application struck out for want of capacity.
Orders
- The Notice of Motion dated 28th March 2013 is struck out.
- Costs awarded to the respondent and interested parties.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
MISCELLANEOUS CIVIL APPL. NO. 103B OF 2013
BETWEEN
REPUBLIC ............………………………….…………………….. APPLICANT
AND
NAIROBI CITY COUNCIL ...................................................... RESPONDENT
AND
LUZIKI HOLDINGS LIMITED ….…......………….. 1ST INTERESTED PARTY
ELIZABETH WANJIRA EVANS ………..………. 2ND INTERESTED PARTY
MARY WANJIRU GACHEGE ………….……….. 3RD INTERESTED PARTY
EXPARTE CHRISTINE WANGARI GACHEGESuing on behalf of the Estate of
RAHABWANJIRU EVANS
RULING
This case has been brought by Christine Wangari Gachege on behalf of the Estate of Rahab Wanjiru Evans (deceased). According to the grant of letter of administration dated 15th January 2001, the administrators of the estate are Christine Wangari Gachege, Elizabeth Wanjira Evans, Mary Wanjiru Gachege and Peter Gachigi Njogu who is now deceased.
The other administrators have not consented to these proceedings as they have indeed joined them as interested parties opposing the claim.
The capacity to agitate any suit on behalf of the estate of the deceased inheres in the administrators duly appointed by the court (See section 79 of the Law of Succession Act (Chapter 160 of the Laws of Kenya)). They act jointly at all times and in the event of a dispute among them, as is apparent in this case, the dispute must be resolved by the court that issued the grant of letters of administration. One administrator out of the others lacks the capacity to bind the estate or any of the administrators or file suit alone on behalf of the estate.
In the circumstances, this suit is incompetent, it cannot be sustained. I warn myself that striking out of a suit is a drastic remedy but where there is no capacity of the parties, the axe must fall.
The Notice of Motion dated 28th March 2013 must be struck out. It is hereby struck out with costs to the respondent and interested parties.
DATEDand DELIVEREDat NAIROBIthis22ndday ofJanuary 2014
D.S. MAJANJA
JUDGE