Lilian Jerobon Kimutai & another v Aron Chirchir & 3 others [2017] KEELC 503 (KLR)
- Court
- Environment & Land Court
- Case number
- 503
- Citation
- [2017] KEELC 503 (KLR)
- Decided
- 1 November 2017
The court has no jurisdiction to entertain the suit and the suit is hereby struck out with costs to the defendants.
Facts
The property in dispute belongs to the late Kimutai Musa, who purchased the suit properties in his name from Keiyo Housing Ltd as a member. The 2nd plaintiff filed a letter of authority to act on behalf of the 1st plaintiff after the issue of locus standi had been raised.
Issues
- Jurisdiction of the court
- Locus standi of the 2nd plaintiff
- Whether the suit property is part of the succession cause
Reasoning
The court ruled that the property is not part of the succession cause and the right place to address the issue is the succession cause, not this court. The court cited The Owners of Motor Vessel 'Lillian S' Vs Caltex Oil Kenya Limited (1989) KLR 1 and Mukisa Biscuits case on preliminary objections.
Outcome
The suit is hereby struck out with costs to the defendants.
Orders
- The suit is struck out
Authorities cited
Cases cited (2)
- The Owners of Motor Vessel 'Lillian S' Vs Caltex Oil Kenya Limited (1989) KLR 1
- Mukisa Biscuits case on preliminary objections
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