Tonje & 2 others v Tonje & another [2004] KEHC 1151 (KLR)

Facts

The Plaintiffs filed a suit against the Defendants seeking to permanently restrain the 1st Defendant from evicting them from LR No. Ravine Scheme Number 102/182, claiming it was a family property. The Plaintiffs also applied for an injunction to restrain the Defendants from evicting them.

Issues

1. Whether the Plaintiffs have locus standi to bring a suit concerning a property registered in the name of a deceased person without letters of administration.
2. Whether the Plaintiffs have established a prima facie case to occupy the suit land.

Reasoning

The Court cannot make a decision concerning a deceased's estate without letters of administration being issued to the administrator of the estate. The Plaintiffs' claim is based on a property registered in the deceased's name, and no letters of administration have been issued.

Outcome

The Applications filed by the Plaintiffs are dismissed with costs to the Defendant.

Authorities cited