Josephat Ogole Elegwa & 4 others v Bernard Ayeka & 3 others [2015] KEELC 93 (KLR)
The bottom line
#The High Court's Environment and Land Court in Kitale dismissed a church faction's attempt to force rival trustees to hand over a title deed they never had.
What this practically means
#Executive summary
#Key legal issues
#Whether Kitale Pentecostal Church is an affiliate of Pentecostal Assemblies of God Kenya (PAGK)
KPC is still an affiliate of PAG(K); there was no evidence that KPC broke from the parent church or became independent.
The letter of allotment was made to PAG(K), which directed that the property be registered in the name of KPC because KPC was a church under PAG(K)'s umbrella. The letter authorising the Commissioner of Lands to process title in KPC's name was written by PAG(K) itself. There was no evidence of any breakaway or independence of KPC from the parent church.
Whether the defendants could be compelled to surrender the certificate of title
The defendants cannot be compelled to surrender the title because they do not have it; it is kept at PAG(K) headquarters at Nyangori in accordance with PAG(K)'s constitution.
DW2 from PAG(K) headquarters confirmed the title to KPC property is kept at Nyangori, consistent with PAG(K)'s constitution requiring property documents of affiliated churches to be kept at headquarters. Since the defendants do not hold the certificate of lease, an order to surrender it against them would be futile.
Who are the lawful recognized trustees of KPC
The recognized trustees of KPC are the four defendants, as recognized by PAG(K); no evidence showed they were lawfully replaced.
KPC was formally registered on 15/5/2012 and the trust deed was registered on 3/6/2013. There was no evidence that the initial trustees were replaced with the sanction of PAG(K), the parent church. DW2 from headquarters confirmed the trustees known to PAG(K) are the defendants. The plaintiffs therefore failed to establish themselves as lawful trustees entitled to the title.
Legal principles established
#- A party cannot be compelled to surrender a document which they do not possess
- He who alleges must prove; a party claiming relief must prove their case on the evidence
Court orders
#- 1.The plaintiffs' suit is dismissed
- 2.Costs of the suit awarded to the defendants
- Jurisdiction invoked
- Environment and Land Court jurisdiction over title to land (statutory first-instance jurisdiction; no specific provision invoked in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Josephat Ogole Elegwa & 4 others v Bernard Ayeka & 3 others [2015] KEELC 93 (KLR)", Case Analysis (2015). Kitale ELC (unnumbered on judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/93/eng@2015-10-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.