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ELCStruck OutELC Suit (originally filed in the High Court in 2004, transferred to the ELC)· [2024] KEELC 6203 (KLR)

Njoroge & 2 others (Suing as the registered trustees New testament Church of God Kenya) v Njuguna t/a Charismata Ministries Network & 2 others (Civil Suit 129 of 2019) [2024] KEELC 6203 (KLR)

Environment and Land Court
23 September 2024
MNMwangi Njoroge
8,449 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~34 min to read original · ~4 min brief

The bottom line

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A church lawsuit over prime land collapsed after 20 years because the plaintiffs never proved they were registered trustees allowed to sue.

What this practically means

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Executive summary

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The plaintiffs, professing to sue on behalf of the New Testament Church of God – Kenya, sought extensive reliefs against Bishop Musa Njuguna and entities associated with his Charismata ministries, including injunctions over churches at Molo, Eldama Ravine and Nakuru, restoration of titles to Mau Summit/Molo Block 1/181 and 182 allegedly cancelled by the Land Registrar while a court order subsisted, a declaration that the 1st defendant holds Nakuru Municipality Block 4/122 in trust, hand-over of church assets, general damages for trespass, costs and interest. The plaintiffs alleged the defendant, an ordained minister and Regional Overseer, gifted the Molo plots to the church in 1994, and later fraudulently procured the expungement of the church's interest and self-registration. The defence asserted the plots were purchased with the defendant's own resources and gifted to the joint working relationship, and challenged the plaintiffs' capacity. The court framed four issues but disposed of the suit on the first: locus standi. An unincorporated society can only sue through officials or registered trustees. The defendants had denied the plaintiffs' trusteeship, and PW1 admitted he was not a registered trustee while PW3 conceded no document showing trusteeship was filed. Counsel's late application for leave to file trustee appointment documents was refused for delay and prejudice. The court held the plaintiffs failed to prove registered trusteeship, lacked locus standi, struck out the suit and ordered each party to bear its own costs.

Key legal issues

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01

Locus standi of persons suing on behalf of a registered society

Holding

The plaintiffs failed to prove they were registered trustees of the church and therefore had no locus standi; the suit was struck out per se

Reasoning

The defendants denied the plaintiffs' asserted capacity in paragraphs 1 and 2 of their defence. The plaintiffs' constitution provided for a Board of Trustees whose members must be registered. PW1 admitted he was not a registered trustee and PW3 admitted no document showing trusteeship was filed. Leave to file trustee appointment documents belatedly was refused for delay and prejudice. The preliminary fact of capacity therefore went unproven and the suit could not be maintained.

p. 13

Legal principles established

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  • An unincorporated society can only sue through its officials or registered trustees, and a party asserting capacity to sue bears the burden of proving it
  • The burden of proving a fact alleged, including registered trusteeship, rests on the party alleging it under Sections 107 and 112 of the Evidence Act

Court orders

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  1. 1.The suit is struck out on the ground that the plaintiffs lack locus standi
  2. 2.Each party shall bear its own costs of the suit
Jurisdiction invoked
Original civil suit on land title and trust transferred from the High Court to the Environment and Land Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Njoroge & 2 others (Suing as the registered trustees New testament Church of God Kenya) v Njuguna t/a Charismata Ministries Network & 2 others (Civil Suit 129 of 2019) [2024] KEELC 6203 (KLR)", Case Analysis (2024). ELC Suit (originally filed in the High Court in 2004, transferred to the ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6203/eng@2024-09-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.