NATHANIEL O. KHISA V MARY KHISA NYANYI & 3 OTHERS [2013] KEHC 3636 (KLR)
- Court
- High Court of Kenya
- Case number
- 3636
- Citation
- [2013] KEHC 3636 (KLR)
- Decided
- 8 April 2013
The court finds that the plaintiff lacks capacity to commence the proceedings on behalf of his late father and strikes off the suit with costs to the 2nd and 3rd defendants.
Facts
The plaintiff, Nathaniel O. Khisa, seeks to bring a suit on behalf of his deceased father, Luka Khisa Nyanyi, but the 2nd and 3rd defendants argue that the plaintiff lacks the requisite locus standi due to the limited grant of letters of administration issued to him.
Issues
- Locus standi of the plaintiff
- Capacity to sue on behalf of the deceased estate
Reasoning
The court ruled that the plaintiff's limited grant of letters of administration under section 67(1) of the Succession Act does not empower him to sue on behalf of the deceased estate. The plaintiff did not seek an order to take the place of the deceased for the purposes of instituting an action or appeal.
Outcome
The suit is struck off with costs to the 2nd and 3rd defendants.
Orders
- The suit is struck off
Authorities cited
Legislation (2)
- Succession Act
- Law of Succession Act
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