Hamulutone Marakia Wambeye v Saul Masika Makasi & 3 others [2018] KEELC 4819 (KLR)
The bottom line
#In Kenya, buying a deceased person's land from relatives without letters of administration gets you nothing — the court ordered the buyers evicted.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether an order for eviction should be issued against the defendants
Key legal issues
#Whether the defendants, who bought portions of the deceased's land after his death from persons without letters of administration, could resist eviction
No; the purchases were made without legal capacity and any agricultural land transfers were void for want of Land Control Board consent, so eviction was ordered
The suit land belonged to the deceased, whose estate was represented by the plaintiff under a grant in Bungoma High Court P & A 168 of 2007. The defendants bought after the deceased's death from sons or relatives who had no letters of administration, and thus no capacity to sell. No Land Control Board consent was proved, rendering any sales void under the Land Control Act. Their objections in the succession cause had been dismissed. The court held the plaintiff entitled to evict them to preserve the estate pending distribution.
Whether defendants with claims to the estate should pursue them in the succession cause
Yes; any claims must await distribution of the estate in the pending succession cause and be brought against the beneficiaries
The succession cause was ongoing, awaiting distribution to the heirs. The defendants were aware of it and their objections were dismissed. The court directed that anyone with a claim should await distribution and bring their claim against the beneficiaries, while the defendants themselves were to vacate the suit land. This preserves the estate while leaving the defendants' claims to the proper forum.
Legal principles established
#- Persons who purchase a deceased person's land after his death from persons without letters of administration acquire no enforceable interest; even heirs had no capacity to sell before distribution.
- Sales of agricultural land without Land Control Board consent are void under the Land Control Act.
- An administrator may sue to evict trespassers to preserve the estate prior to distribution.
Court orders
#- 1.The defendants to vacate the suit land within 60 days
- 2.Failing vacation, eviction of the defendants by the plaintiff with the help of the court broker and O.C.S. Chwele Police Station, at the defendants' cost
- 3.The plaintiff to have the costs of the suit
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original civil jurisdiction over the land suit; plaintiff sued as holder of letters of administration to the estate of the registered owner
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Even if they did so, they had no capacity to do so since they did not have the Letters of Administration of the deceased registered owner.
If there were any sales, they are void for lack of the said consent under the Land Control Act.
They will therefore move and vacate out of the suit land within 60 days. Failing which they will be evicted by the plaintiff with the help of this Courts broker with the help of the O.C.S. Chwele Police Station.
The Plaintiff shall have the costs of the suit.
Issues in the judgment
#The judgment alternately refers to the defendants as 'defendants' and 'respondents' and to the plaintiff as 'applicant', without explanation
The succession cause number is inconsistently typed as '20007' and '2007'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hamulutone Marakia Wambeye v Saul Masika Makasi & 3 others [2018] KEELC 4819 (KLR)", Case Analysis (2018). Not stated in the judgment (Bungoma Environment and Land Court suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4819/eng@2018-01-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.