Nairobi, May 14 -- The Environment and Land Court has thrown out an appeal by a man who claimed the right to farm a portion of land based on a tribunal decision that was made three years after the registered owner had died.

Justice Anne Koross dismissed the appeal by Alexander Dick Katona, who had been sued for trespass by the family of the late John Kilonzo Kioko over land parcel number Matungulu/Katine/890.

In a ruling that reinforces a fundamental principle of law, the judge declared that the Land Disputes Tribunal case filed in 2005 against Mr Kioko, who died in September 2002, was a "nullity" from the very beginning.

"You cannot file a lawsuit against a dead person," Justice Koross stated, citing a long line of Court of Appeal dec...