Lucas Mudoga & 5 others v Andrew Inganji & 6 others [2014] KEHC 1334 (KLR)
- Court
- High Court of Kenya
- Case number
- 1334
- Citation
- [2014] KEHC 1334 (KLR)
- Decided
- 12 November 2014
The application is dismissed as the applicants lack the capacity to sue in their own name and the discrepancy in the societies involved raises doubt about their standing in the matter.
Facts
The applicants, registered trustees of the East African Yearly Meeting of Friends Church, Kaimosi, seek a temporary injunction against the defendants, claiming they have taken over church premises after expelling the applicants from the church. The defendants deny being expelled and claim to be registered members of a different society.
Issues
- Dispute between rival church groups
- Capacity of the applicants to sue
Reasoning
The court found that the applicants' claim is based on a different society from the one they represent, and there is no trust deed to confirm their status as trustees. The court also noted the discrepancy in the societies involved.
Outcome
Application dismissed
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