PRESBYTERIAN FOUNDATION & ANOTHER V EAST AFRICA PARTNERSHIP LTD & ANOTHER [2012] KEHC 5686 (KLR)
- Court
- High Court of Kenya
- Case number
- 5686
- Citation
- [2012] KEHC 5686 (KLR)
- Decided
- 30 July 2012
The issues raised in the notice of preliminary objection do not meet the threshold for preliminary objections and are accordingly dismissed with costs to the plaintiffs.
Facts
The Presbyterians Foundation and the Presbyterian Church of East Africa, Limuru Presbytery filed a suit against East Africa Partnership Ltd and East Africa Partnership (America). The defendants raised several issues including the plaintiffs' lack of locus standi and the inapplicability of the Societies Act.
Issues
- plaint is incurably defective
- 2nd plaintiff has no locus standi
- Presbytery of Limuru cannot sue on behalf of the Presbyterian Church of East Africa
- 2nd plaintiff has no proprietary interest in the suit property
Reasoning
The court found that the plaintiffs' pleadings were defective and that the Presbytery of Limuru cannot sue on behalf of the Presbyterian Church of East Africa. The court dismissed the preliminary objections.
Outcome
Defendants' notice of preliminary objection dismissed.
Orders
- Issues raised in the notice of preliminary objection dismissed with costs to the plaintiffs.
Loading judgment…