Registered Trustees of Christ’s Co-Workers Felowship Church (CHRISCO) v Grey Harts Limited & 4 others [2022] KEELC 1439 (KLR)
The bottom line
#Kenya's Environment and Land Court dismissed a church's land suit because the church was incorporated years after the land allotment it claimed, so it had no legal standing to sue.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of the Plaintiff
The Plaintiff lacked locus standi because its certificate of incorporation (2002) post-dated the alleged allotment letter (1995), making allocation to a non-existent entity impossible
Section 3(3) of the Trustees (Perpetual Succession) Act confers corporate status, capacity to sue and be sued, and capacity to hold property only upon registration. The allotment letter relied on was dated 05/12/1995 while the Plaintiff was incorporated on 18/07/2002, over six and a half years later. It was impossible for a non-existent entity to be allocated land, and the pleadings disclosed neither public interest litigation nor a claim under Article 22 of the Constitution. The suit was therefore a nullity and was dismissed.
Jurisdiction of the Court vis-à-vis the National Land Commission and Chief Land Registrar
The objection failed; neither the Chief Land Registrar nor the National Land Commission had the powers the 2nd Respondent suggested, and the NLC's review mandate under Section 14 of the NLC Act had lapsed
The Court examined the Land Act, its Regulations and the National Land Commission Act. The Chief Land Registrar had no such powers. Section 14 of the NLC Act permitting review of grants of public land was to be exercised within five years of the Act's commencement on 2/05/2012, expiring 1/05/2017. Moreover, the Plaintiff's complaint of forgery of documents did not fall within the Commission's mandate. The jurisdictional objection therefore failed.
Interlocutory mandatory injunction, eviction and cancellation of title at the interim stage
Prayers 4 and 5 were final in nature and could not be granted at the interim stage; they were left for trial
The Court noted that had the defendants moved onto the land recently, a mandatory prayer might have been considered at the interim stage, but eviction orders and revocation of title deeds sought were final relief grantable only in a judgment after full trial. The Court declined to determine them as premature, since the parties had not been heard in full.
Legal principles established
#- A non-existent entity cannot apply for and be allocated land; incorporation under the Trustees (Perpetual Succession) Act confers capacity to hold and acquire property only from the date of incorporation
- Points of law, including locus standi and jurisdiction, may be raised at any stage of the proceedings and in any manner
Court orders
#- 1.Prayers 4 and 5 of the Application (eviction and revocation of title deeds) not determined, being final in nature and grantable only after trial
- 2.The suit and the Application dated 18/08/2021 dismissed
- 3.Costs of the Application to the Defendants
- Jurisdiction invoked
- Environment and Land Court jurisdiction (Civil Procedure Act, Sections 1A, 1B and 3A; Order 40 Rules 1, 2 and 3; Order 51 Rule 1 of the Civil Procedure Rules, 2010)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Trustees of Christ’s Co-Workers Felowship Church (CHRISCO) v Grey Harts Limited & 4 others [2022] KEELC 1439 (KLR)", Case Analysis (2022). Not stated in judgment (Notice of Motion dated 18/8/2021, filed 20/8/2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1439/eng@2022-02-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.