Republic& another v Minister of Lands,Settlement & Housing & another [2005] KEHC 2549 (KLR)
- Court
- High Court of Kenya
- Case number
- 2549
- Citation
- [2005] KEHC 2549 (KLR)
- Decided
- 6 June 2005
The appeal is set aside as the 2nd Respondent had not obtained a grant of letters of administration for the estate of her deceased husband, and the District Court had no jurisdiction to entertain the appeal.
Facts
The 1st Respondent (Minister) had filed an appeal in 1997, challenging the 2nd Respondent's (Chepotuturwa Yaraita) claim to the estate of her deceased husband. The 1st Respondent claimed that the 2nd Respondent had not obtained a grant of letters of administration for the estate.
Issues
- Whether the 2nd Respondent had the legal capacity to file the appeal.
- Whether the District Court had jurisdiction to entertain the appeal.
Reasoning
The court held that a person cannot sue on behalf of the estate of a deceased person unless they are the legal representative or administrator of that estate, which requires a grant of letters of administration.
Outcome
The application is allowed and the order made by the District Court is set aside.
Orders
- The appeal is set aside.
- Orders granted as prayed but with each party being ordered to bear its own costs.
Authorities cited
Legislation (1)
- Law Reform Act
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