Wambua (Suing as the Administrator and Legal Representative of the Estate of Mwikali Solomon Ivali) v Mutuku (Environment and Land Case E042 of 2024) [2026] KEELC 1432 (KLR)

5. The Respondent opposed the Applicant’s application based on a replying afidavit sworn on 6th November, 2025. The Respondent contends that the Applicant’s application is neither a notice of motion nor a chamber summons and is not shown under which provisions of law it is brought under. 6. The Respondent further contends that the application is frivolous, vexatious and is an abuse of the process of court which should be dismissed with costs. The Respondent states that she is the legal representative of Mwikali having obtained a grant of letters of administration ad litem. 7. The title to the suit property was registered in the name of Mwikali on 21st April, 2016. The Respondent states that the annexture to the Applicant’s afidavit in support of his application relating to Makueni/Unoa/2079 and 2080 have nothing to do with this case and that whereas the Applicant claims that the root of title to the suit property is tainted with illegality, he goes on to state that he purchased the suit property from Mwikali. 8. The parties were directed to file written submissions. The Applicant filed written submissions dated 23rd December, 2025. The Respondent filed submissions dated 18th November, 2025. 9. I have considered the Applicant’s application as well as the opposition to the same by the Respondent. I have also considered the submission by the parties. The only issue for determination is whether the Respondent has locus standi to bring this suit. 10. There is no contention that the title to the suit property was registered in the name of Mwikali on 21st April, 2016. Mwikali died on 1st January, 2022 according to the death certificate, though the grant of letters of administration ad litem shows that she died on 1st January, 2020. Be that as it may, the fact remains that as at the time she died, the title to the suit property was in her name. 11. The Respondent applied for grant of letters in respect of her estate which grant was issued on 3rd December, 2024. The Respondent subsequently filed this suit in December, 2024. The Respondent therefore had locus standi to file this suit. 12. This court is not investigating how Mwikali was registered as owner of the suit property. Whether there were succession proceedings in respect of the estate of the deceased or not is not an issue to be determined by this court. The issue is whether the Respondent obtained grant of letters of administration in respect of the estate of Mwikali which I have found in the afirmative. I therefore find that the Applicant’s application is devoid of merit. The same is dismissed with costs to the Respondent. It is so ordered. ……………………………… HON. E. O. OBAGA JUDGE RULING DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 12TH DAY OF MARCH, 2026. In the presence of: Mr. Mutua for Defendant/Applicant Mr. Muendo for Mr. Muthiani for Plaintifi/Defendant Court assistant – Musyoki and Nyaanga https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1432/eng@2026-03-12 2

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