Registered Trustees of Maximum Miracle Centre v Andrew Mlewa Mkare [2013] KEHC 2553 (KLR)
- Court
- High Court of Kenya
- Case number
- 2553
- Citation
- [2013] KEHC 2553 (KLR)
- Decided
- 23 August 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand CasePostureDefendant raises preliminary objection that the Plaintiff is not a legal person capable of suing or being suedCoramO. A. Angote
Holding
The Defendant's Notice of Preliminary Objection is dismissed with costs
Facts
The Plaintiff is a registered body under the Trustees (Perpetual Succession) Act, Cap 164, and the Defendant admits this in his defence.
Issues
- Whether the Plaintiff is a legal person capable of suing or being sued
- Whether the Plaintiff is a Society registered under the Societies Act
Reasoning
The Plaintiff is a body corporate capable of suing and being sued as per the Trustees (Perpetual Succession) Act, Cap 164
Outcome
Defendant's Notice of Preliminary Objection dismissed
Orders
- Defendant's Notice of Preliminary Objection dismissed with costs
Authorities cited
Legislation (1)
- Trustees (Perpetual Succession) Act, Cap 164
Cases cited (2)
- Jane Nyambura Joshua VS Apostolic Faith Church; HCCC No.2924 of 1997
- Geofrey Ndirangu & 5 others VS The Chairman of Mariakani Juakali Association & 2 others, Mombasa HCCC NO. 3 of 2004
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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