Redeemed Gospel Church INC v Jesus Celebration Centre Ministry INT & 3 others (Environment & Land Case 2 of 2023) [2024] KEELC 4159 (KLR) (16 May 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4159
- Citation
- [2024] KEELC 4159 (KLR)
- Decided
- 16 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuit for Locus StandiPosturePlaintiff seeks to maintain the suit, Defendants argue it is incompetentCoramJ.B. Ojwang, LG KIMANI, Munyao Sila
Holding
The Court finds the Plaintiff lacks the capacity to sue in its own name as it is a society registered under the Societies Act, and thus lacks the legal capacity to sue or be sued in its own name.
Facts
Redeemed Gospel Church INC filed a suit against Jesus Celebration Centre Ministry INT & 3 others, claiming to be the beneficial proprietor of land in Mutomo town.
Issues
- Locus Standi of the Plaintiff
- Capacity of a Society to Sue
Reasoning
The court relies on legal definitions and precedents to determine that a society registered under the Societies Act cannot sue or be sued in its own name, thus the Plaintiff lacks locus standi.
Outcome
The suit is struck out with costs to the 1st and 2nd defendants.
Orders
- The preliminary objection is allowed
- The suit is struck out with costs
Authorities cited
Legislation (1)
- Societies Act of Kenya
Cases cited (7)
- Mukisa Biscuit Manufacturing Company Ltd v West End Distributors Ltd (1969) E.A 696
- Peter Ngugi Geoffrey & 3 others v Mithini SDA Church (2019) eKLR
- Festus Makau Kitati v New Konza Ranch Associations (2019) eKLRA
- John Otteyo Amwayi & 2 others v Rev. George Abura & 2 others (1990)
- Kipsiwo Community helf-help group v. Attorney General and 6 others (2013) eKLR
- Alfred Njau & 5 others v. City Council of Nairobi (1983) eKLR
- Veronica Wanjira Manringa & 26 others v.A.C.K Buxton Diocese of Taita Taveta & another (2022) eKLR
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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