Uphill Crops Limited v Ole Koti & 2 others (Environment and Land Case E017 of 2025) [2026] KEELC 531 (KLR) (9 February 2026) (Ruling)

Summary at a glance

Facts

The Plaintiff, Uphill Crops Limited, filed two applications against the 1st, 2nd, and 3rd Defendants alleging breach of a lease agreement and seeking injunctions and costs. The 1st Defendant, Stephen Sayialel Ole Koti, was alive and had executed the lease agreement. The 2nd and 3rd Defendants, Peter Koti and Nabiki Mosoito Ole Koti, were deceased at the time of the lease agreement.

Issues

• Whether the suit against the 1st Defendant is well-founded.
• Whether the suit against the 2nd and 3rd Defendants contravenes section 45 of the Law of Succession Act and is non-suited against them.

Reasoning

The court ruled that the lease agreement was executed before the Grant of Letters of Administration was issued, violating section 45 of the Law of Succession Act, and thus the suit against the 2nd and 3rd Defendants is non-suited.

Outcome

The suit against the 2nd and 3rd Defendants is struck out.

Orders

• The court directed the filing of submissions in respect of both applications.
• The court finds that the suit against the 2nd and 3rd Defendants is non-suited and strikes out the suit against them.

Remedies

• The court directed the filing of submissions in respect of both applications.
• The court finds that the suit against the 2nd and 3rd Defendants is non-suited and strikes out the suit against them.

Authorities cited