Living Waters E.A.P.C (Suing thro’ the Registered Officials Rev. Andrew Nyaga, Fredrick Nteere & Cornelius Mworia as Chairman, Secretary & Treasurer respectively v East Africa Pentecostal Churches (Sued thro’ its Registered Trustees, Rev. Justus Kinoti Ringera, Charles Lewa, Sospeter Njeru & Andrew Kinyamu) (Environment and Land Appeal 96 & 111 of 2008 (Consolidated)) [2023] KEELC 57 (KLR)
The bottom line
#A Kenyan land court threw out four last-ditch applications to escape a contempt ruling, confirming that paying court fines closes the door on reopening a decided case.
What this practically means
#Executive summary
#Key legal issues
#Existence of a pending appeal and leave to appeal out of time
Leave to appeal out of time was unnecessary since a notice of appeal and a memorandum of appeal already existed on record; the ELC lacks jurisdiction to extend time under the Court of Appeal Rules
The court found from prior affidavits on record that the applicants themselves had attached a duly filed memorandum of appeal in Nyeri Court of Appeal No. 283 of 2019, contradicting the claim that only a notice of appeal had been filed. The deponent was found misleading and perjuring himself. Further, the court held it lacks jurisdiction to enlarge time under the Court of Appeal Rules 2022.
Setting aside contempt orders and mitigation
The contemnors were given a fair hearing, mitigation was recorded, fines were paid, and the court became functus officio; the applications were overtaken by events
The record showed bail was posted, oral mitigation was given, and sentence was rendered on 26.10.2022. Fines were paid on 26 and 27 October 2022 and no appeal was preferred against the rulings within the permitted period. The court cannot sit on appeal over its own orders, and no case for review under Section 80 and Order 45 was made out.
Joinder of interested parties post judgment
The intended interested parties have no stake and lack capacity; they were bound by the acts of the church officials and cannot reopen a determined suit
The applicants had been listed in minutes and affidavits as members and officials of the appellant church, which they did not deny. They produced uncertified minutes of the defunct County Council of Meru with no allotment letter, title or official search, and no certificate of registration of a separate church. Their interests were represented throughout by the church's registered officials.
Functus officio regarding joinder
The court is functus officio as the suit was determined to finality, the decree was executed and satisfied
The judgment of the trial court was confirmed on appeal, the decree was enforced through contempt proceedings, and the take over of the prayer houses occurred to the satisfaction of the decree holder. Nothing remained for adjudication, so joinder would serve no purpose and would offend the principle of finality of litigation.
Legal principles established
#- Joinder of a party post judgment is possible but the intending party must demonstrate a right to relief, necessity for complete settlement, and absence of prejudice
- Where a suit has been finally disposed of and nothing remains to be done, the rule on joinder post judgment becomes inapplicable
- A party cannot simultaneously pursue an appeal and an application for review over the same orders
- A court becomes functus officio after sentencing where fines have been paid
Court orders
#- 1.Striking out of paragraphs 4-12 of the supporting affidavit of Cornelius Mworia as scandalous, irrelevant and oppressive
- 2.Dismissal of all four applications dated 25.10.2022, 10.11.2022 and the two dated 27.10.2022 with costs
- On appeal from
- Chief Magistrate's Court (trial court)
- null
- Jurisdiction invoked
- Order 9 Rules 9 & 10, Order 1 Rule 10(2), Order 45 and Sections 1A, 1B, 3A and 80 of the Civil Procedure Act and Rules; the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Living Waters E.A.P.C (Suing thro’ the Registered Officials Rev. Andrew Nyaga, Fredrick Nteere & Cornelius Mworia as Chairman, Secretary & Treasurer respectively v East Africa Pentecostal Churches (Sued thro’ its Registered Trustees, Rev. Justus Kinoti Ringera, Charles Lewa, Sospeter Njeru & Andrew Kinyamu) (Environment and Land Appeal 96 & 111 of 2008 (Consolidated)) [2023] KEELC 57 (KLR)", Case Analysis (2023). null (not stated in the judgment as provided). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/57/eng@2023-01-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.