[2024] KEELC 184 (KLR)
The court found that the plaintiff had not obtained a grant of representation as required under Section 82(a) of the Law of Succession Act. Without such a grant, the plaintiff lacked the legal capacity to institute proceedings on behalf of the estate of the deceased. Consequently, the plaintiff failed to establish a...
Source-derived case information.
- Citation
- [2024] KEELC 184 (KLR)
- Parties
- Plaintiff: Peter Waweru Waciuri; Defendant: Paul Gachengo Waciuri; Defendant: John Muriu Wachiuri; Defendant: Ann Wanja Wachiuri; Defendant: Joyce Wangari Wachiuri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 46 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Application for Temporary Injunction
- Outcome
- Application for temporary injunction dismissed.
- Judges
- A Ombwayo
- Legal Topics
- Temporary Injunctions, Locus Standi, Succession Procedure, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Waweru Waciuri
Plaintiff
Paul Gachengo Waciuri
Defendant
John Muriu Wachiuri
Defendant
Ann Wanja Wachiuri
Defendant
Joyce Wangari Wachiuri
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Temporary Injunction
Legal Issues
- 1 Whether the plaintiff has locus standi to institute the suit on behalf of the estate of the deceased Grace Wangui Wachiuri.
- 2 Whether a temporary injunction should issue to restrain the defendants from dealing with the suit parcels of land before succession is completed.
Ratio Decidendi
The court found that the plaintiff had not obtained a grant of representation as required under Section 82(a) of the Law of Succession Act. Without such a grant, the plaintiff lacked the legal capacity to institute proceedings on behalf of the estate of the deceased. Consequently, the plaintiff failed to establish a prima facie case with a likelihood of success, which is a prerequisite for the grant of a temporary injunction. The court therefore declined to grant the orders sought.
Court Disposition
Application for temporary injunction dismissed.
Orders
- The application for a temporary injunction is declined.
- Costs in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
Waciuri v Waciuri & 3 others (Environment & Land Case 46 of 2023) [2024] KEELC 184 (KLR) (24 January 2024) (Ruling)
Neutral citation: [2024] KEELC 184 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 46 of 2023
A Ombwayo, J
January 24, 2024
Between
Peter Waweru Waciuri
Plaintiff
and
Paul Gachengo Waciuri
1st Defendant
John Muriu Wachiuri
2nd Defendant
Ann Wanja Wachiuri
3rd Defendant
Joyce Wangari Wachiuri
4th Defendant
Ruling
1. The plaintiff Peter Waweru Waciuri prays for a temporary injunction restraining the defendants their servants and authorized agents from dealing with parcels namely Dundori /Lanet Block 2/2579,2580,2281,2582,2583,2584,2585,2586 and 2587 in any way as the owners.
2. The application is premised on grounds that the suit land being original land parcel Number Dundori/Lanet Block 2/118 was held by the late Grace Wangui Wachiuri.
3. The defendant/Respondent lacks Standi to sub divide and own the land parcel Dundori/Lanet block 2/118 which belongs to the deceased person before succession is done.
4. No prejudice or injustice will be occasioned to the defendant/Respondent if the said application is allowed. The supporting affidavit reiterates the grounds. The application though served is not opposed. I have perused the record and do not see any grant of Letters of Administration intestate or grant of probate made to the plaintiff to be legal representative of the estate of the deceased Grace Wangui Waciuri and therefore it is doubtful that the plaintiff has capacity to sue on behalf of the estate.
5. Section 82(a) of the Law of Succession Act Cap 160 Laws of Kenya provides that a personal representative shall subject to Limitation imposed by their grant have powers to enforce , by suit or otherwise all causes of action which. By virtue of any law, survive the deceased or arising out of his death.
6. I am not satisfied that the plaintiff obtained a grant as required in this section of the law and therefore the plaintiff has not established a prima facie case with a likelihood of success. I do decline to grant the application. Costs in the cause.
RULING DATED SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 24TH DAY OF JANUARY 2024. A. O. OMBWAYOJUDGE