Pentecostal Assemblies of God Kenya through its Registered Trustees) & 3 others v Josephat Ogole Elegwa & 4 others [2018] KEELC 3686 (KLR)
- Court
- Environment & Land Court
- Case number
- 3686
- Citation
- [2018] KEELC 3686 (KLR)
- Decided
- 22 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand CasePosturePreliminary Objection DismissedCoramMWANGI NJOROGE
Holding
The preliminary objection is dismissed with no orders as to costs.
Facts
The defendants filed a Preliminary Objection claiming that Patrick Lihanda Musungu does not have capacity to sue on behalf of the 1st plaintiff and that Kitale Pentecostal Church is not a party to the suit.
Issues
- Capacity of Patrick Lihanda Musungu to sue
- Joinder of parties
Reasoning
The court found that the title does not mention Patrick Lihanda Musungu as a plaintiff and that the defendants' assumptions were unfounded. The court also found that the second limb of the objection is a case of joinder of parties.
Outcome
Preliminary Objection Dismissed
Orders
- Preliminary Objection Dismissed with No Orders as to Costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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