Muguna v Estate of Julius Mathiu Mungai [2025] KEELC 73 (KLR)

Muguna v Estate of Julius Mathiu Mungai (Enviromental and Land Originating Summons E009 of 2024) [2025] KEELC 73 (KLR) (21 January 2025) (Ruling)

Neutral citation: [2025] KEELC 73 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Enviromental and Land Originating Summons E009 of 2024

BM Eboso, J

January 21, 2025

Between

Virginia Kagendo Muguna

Plaintiff

and

The Estate of Julius Mathiu Mungai

Defendant

Ruling

1. I have heard the parties on the issue of locus.

2. The plaintiff initiated this suit against a non-existent entity described as “The Estate of Julius Mathiu Mungai.” A suit against the estate of a deceased person is supposed to be initiated against the personal representative appointed by a succession court under the Law of Succession [see Sections 81 and 82 of the Law of Succession Act]. The defendant sued in this suit is a non-entity.

3. Consequently, this suit is fatally defective and is incapable of cure through amendments. The recourse the plaintiff has is to bring a fresh competent suit against the proper defendant.

4. For the above reason, this suit is struck out. In tandem with the principle in Section 27 of the Civil Procedure Act, the plaintiff shall bear costs of the ill-fated suit. It is so ordered.

DATED, SIGNED AND DELIVERED AT MERU THIS 21ST DAY OF JANUARY, 2025B M EBOSO (MR)JUDGEIn the Presence of:Ms Achieng for the Plaintiff/ApplicantMs Nelima for the Respondent/DefendantCourt Assistant - Tupet