Full Gospel Churches of Kenya - Through its Registered Trustees v M'Ramare & another (Being Sued as the Legal Representatives of M'Ramare Nkunga alias Ramare Nkunga) (Enviromental and Land Originating Summons E014 of 2023) [2024] KEELC 6592 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Capacity of the plaintiff church to sue through its representatives
The church, a registered body, can sue and be sued through its registered trustees; PW1 had authority
The certificate of incorporation listed registered trustees and board minutes authorised the suit. PW2 and PW4, themselves trustees, corroborated PW1's authority. The 1st defendant, who counterclaimed for eviction against the church through its registered trustees, had not raised capacity in his defence. The objection on locus standi therefore lacked merit.
Whether adverse possession was proved
Yes; entry was initially permissive under the 2011 sale, but on failure to obtain land control board consent the agreement became void and possession turned adverse; 12 years ran without interruption
The plaintiff bought the portion in 2011, took vacant possession and built a school with the defendants' knowledge. The sale became void for want of consent within six months, so possession was independent and hostile. No effective entry or eviction proceedings interrupted time; the succession cause did not interrupt. Defendants' rights were extinguished under Section 38 of the Limitation of Actions Act.
Validity of the defendants' counterclaim for eviction
The counterclaim fails because the plaintiff's overriding adverse-possession rights had crystallised and retaining both land and money would be unjust enrichment
Having found the limitation period complete and no interruption, the defendants could not evict. The court invoked proprietary estoppel since the sale agreement had become void, holding that defendants cannot renege while retaining the purchase price used to buy alternative land.
Legal principles established
#- Where a sale agreement of land becomes void for lack of land control board consent, continued possession by the purchaser is not referable to the agreement but becomes adverse to the owner's title
- Filing of a succession cause does not interrupt time running for adverse possession absent effective entry or eviction proceedings
Court orders
#- 1.The defendants are ordered to sign and execute a transfer form for land measuring 0.202 ha out of L.R No. Ntima/Ntakira/1129 within two months in favour of the registered trustees of the plaintiff church, in default of which the Deputy Registrar of the court shall execute the documents
- 2.Costs to the plaintiff
- Jurisdiction invoked
- Limitation of Actions Act, Sections 7 and 38 (adverse possession claim under originating summons)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Full Gospel Churches of Kenya - Through its Registered Trustees v M'Ramare & another (Being Sued as the Legal Representatives of M'Ramare Nkunga alias Ramare Nkunga) (Enviromental and Land Originating Summons E014 of 2023) [2024] KEELC 6592 (KLR)", Case Analysis (2024). Originating Summons dated 11.12.2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6592/eng@2024-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.