Redeemed Gospel Church INC v Jesus Celebration Centre Ministry INT & 3 others (Environment & Land Case 2 of 2023) [2024] KEELC 4159 (KLR)
The bottom line
#A Kenyan court struck out a church's land suit because a society registered under the Societies Act cannot sue in its own name — only through trustees or officials.
What this practically means
#Executive summary
#Key legal issues
#Whether a preliminary objection on capacity to sue is a pure point of law
Yes - the objection that a registered society cannot sue in its own name raises a pure point of law within the Mukisa Biscuit threshold
The court applied the Mukisa Biscuit definition and Oraro v Mbajja, holding that a preliminary objection must not be blurred with factual details requiring proof. The plaintiff itself pleaded in the plaint that it is a society registered under the Societies Act, so the incapacity arose by clear implication from the pleadings without need for evidence.
Whether the plaintiff, described as a society under the Societies Act, has locus standi to sue in its own name
No - the plaintiff lacks capacity to sue in its own name and the preliminary objection is merited
Relying on Peter Ngugi Geoffrey v Mithini SDA Church, Festus Makau Kitati v New Konza Ranch Associations and John Otteyo Amwayi, the court held that societies are unincorporated and the Societies Act makes no provision for suits by or against them in their own names. The plaintiff should have sued through its officials or trustees; its belated amendment application having been dismissed, the objection succeeded.
Whether the defect could be cured by amendment
The court rejected the plaintiff's submission that the error could be corrected by amendment, since no amendment application was pending
The plaintiff argued striking out is draconian and the error amendable, but the court noted it had filed no application to amend despite being served with the objection in January 2024, and its earlier application dated June 29, 2021 to join registered trustees and the regional overseer had been dismissed for non-attendance on October 17, 2023.
Legal principles established
#- A society registered under the Societies Act is not a body corporate and lacks capacity to sue or be sued in its own name; it must sue or be sued through its officials or trustees
Court orders
#- 1.The preliminary objection dated January 15, 2024 is allowed.
- 2.A declaration that the Plaintiff lacks the capacity to sue in its own name.
- 3.The suit is struck out as incompetent, bad in law and incurably defective.
- 4.Costs of the suit awarded to the defendants, to be paid by the Plaintiff.
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court; suit transferred from the Principal Magistrates' Court at Mutomo by order dated March 23, 2023
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Redeemed Gospel Church INC v Jesus Celebration Centre Ministry INT & 3 others (Environment & Land Case 2 of 2023) [2024] KEELC 4159 (KLR)", Case Analysis (2024). ELC E008 of 2021 (originally Mutomo PMCC ELC E008 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4159/eng@2024-05-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.