Africa Inland Church Kenya Trustees Registered & another (Suing as Chairman and Bishop of Africa Inland Church (Machakos Area) v Chief Land Registrar & 4 others [2018] KEELC 556 (KLR)
The bottom line
#A Kenyan court dismissed a church's land injunction bid, ruling it couldn't relitigate issues it had already lost without appealing.
What this practically means
#Executive summary
#Key legal issues
#Sub-judice and abuse of process
The application is sub-judice ELC No. 233 of 2014, which had already found that the Plaintiffs had no prima facie case over parcel number 570, and the suit is an abuse of process.
The court perused the ruling of 20th February 2015 in ELC No. 233 of 2014, in which the Plaintiffs' claim over parcel 570 was considered and found wanting. The same parties and subject matter were also litigated in Machakos CMCC No. 354 of 2013, where the Plaintiffs' employees were evicted and the Plaintiffs permanently injuncted. Having not appealed those decisions, the Plaintiffs could not relitigate the same issue.
Rights of a registered proprietor pending cancellation of title
The suit land is registered in favour of A.I.C Mathunthini L.C.C, and until that registration is cancelled, the registered proprietor is entitled to use the land.
The Plaintiffs challenged the registration of 24th June 2016 as irregular, asserting that all A.I.C properties must be registered in the name of the 1st Plaintiff (the Board of Trustees). However, no cancellation of the registration had been obtained. The court therefore held that entitlement to use the land rests with the registered proprietor until cancellation.
Prima facie case for interlocutory injunction
The Plaintiffs failed to demonstrate a prima facie case with chances of success warranting an injunction over parcel number 570.
The court in ELC No. 233 of 2014 had already found, on the documents presented, that nothing was registered in the Plaintiffs' names and no registrable interest was shown in respect of parcel 570. The court held that it would be a mockery of justice to reach a different conclusion on the same material.
Legal principles established
#- A party who did not appeal against a prior decision finding no prima facie case over the same property abuses the process of the court by relitigating the same issue in a fresh suit or application.
- Until a registration of title is cancelled by the court, the registered proprietor is the person entitled to use the land.
Court orders
#- 1.The Application dated 7th February, 2018 is dismissed
- 2.The Plaintiffs to pay the costs of the Application
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over the suit land Mwala/Mathunthini/570; provision not expressly cited in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Africa Inland Church Kenya Trustees Registered & another (Suing as Chairman and Bishop of Africa Inland Church (Machakos Area) v Chief Land Registrar & 4 others [2018] KEELC 556 (KLR)", Case Analysis (2018). Not stated in the judgment (interlocutory Notice of Motion dated 7th February, 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/556/eng@2018-11-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.