Edward v Mwakidudu & 3 others (Environment & Land Case 25 of 2021) [2023] KEELC 6 (KLR) (10 January 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6
- Citation
- [2023] KEELC 6 (KLR)
- Decided
- 10 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureRespondent seeks to strike out the suit on grounds of lack of locus standi and sub judiceCoramM.A. Odeny
Holding
The suit is struck out with costs to the respondents due to lack of locus standi
Facts
The plaintiff, Edward, claims to be a beneficiary of the estate of his deceased mother, Gladys Kabibi Mbura, and seeks to bring a suit against the defendants. However, he has not obtained letters of administration of the estate.
Issues
- Locus standi of the plaintiff
- Whether the suit is sub judice
Reasoning
The court finds that the plaintiff lacks locus standi to bring the suit as he has not obtained letters of administration of the estate of his deceased mother.
Outcome
The suit is struck out
Orders
- The suit is struck out with costs to the respondents
Authorities cited
Cases cited (5)
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd (1969) EA 696
- Oraro v Mbaja (2005) eKLR
- Law Society of Kenya v Commissioner of Lands & others, Nakuru High Court Civil Case No 464 of 2000
- Alfred Njau and others v City Council of Nairobi (1982) KAR 229
- Rajesh Pranjivan Chudasama v Sailesh Pranjivan Chudasama [2014] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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