Peter (Suing as the Administratrix of the Estates of Milka Wavinya Kakui & Kakui Malii Kiketi–Both Deceased) v Ngumbi & 2 others (Sued in Their Capacity as the Administrators of the Estate of Peter Ngumbi Mulei-Deceased) (Environment and Land Case E025 of 2020) [2025] KEELC 6444 (KLR) (30 September 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6444
- Citation
- [2025] KEELC 6444 (KLR)
- Decided
- 30 September 2025
Summary at a glance
TypeLand DisputePosturePlaintiff seeks declaration and injunction against defendants over disputed land propertiesCoramAY KOROSS
The plaintiff's suit is incompetent and is hereby struck out with costs to the defendants
Facts
The deceased plaintiffs were members of a cooperative society and were allotted land properties. Upon their deaths, the defendants applied for letters of administration and erroneously included the properties in the deceased's estate.
Issues
- Ownership of land properties
- Injunction against defendants interfering with land properties
Reasoning
The plaintiff's claim fails to disclose a reasonable cause of action and the court declines to infer a cause of action from the evidence.
Outcome
Struck out
Orders
- Suit struck out with costs to defendants
Authorities cited
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