Nganga & 3 others (Suing as the Registered Trustees of Disciples of Christ Foundation Fellowship Church) v Joseph Kamau Mande, John Mwangi Kabicho, Gilbert Ndungu Ndirangu (Sued as the Registered Trustees of New Covenant Disciples Church) & another (Environment & Land Case 323 of 2018) [2024] KEELC 3542 (KLR)

The court held it trite that a society sues through its office holders. PEX 14 confirmed the Plaintiffs as office bearers of Disciples of Christ Foundation Fellowship, and PW1's evidence that they were not trustees of the other similarly named society was unrebutted. Capacity was therefore established despite the similarity of names.

The 1992 registration of Disciples of Christ Foundation Fellowship was confirmed; the erroneous registration number 15256 (assigned to FORD KENYA) was a Registrar's error not attributable to the trustees. Plaintiffs and Defendants jointly acquired the properties for the church as members/officials; on leaving, the Plaintiffs could not take church property. Green cards showed ownership by the 1st Defendant, corroborated by the Registrar's evidence, and section 24(a) of the Land Registration Act vests absolute ownership in the registered proprietor.

Relying on Kinyanjui Kamau v George Kamau and Ndolo v Ndolo, the court applied the principle that fraud must be pleaded and strictly proved to a standard higher than balance of probabilities. The Registrar's evidence showed the title anomalies stemmed from the Registrar's own error, not fraud by the 1st Defendant, and the Plaintiffs' particulars were not proved.

Having found the 1st Defendant lawful owner of the suit properties and that the Plaintiffs attempted to take church property by registering a similarly named society, the court granted the declaration of ownership and permanent injunction sought in the counterclaim, with costs to the 1st Defendant.