Africa Muslims Agency Trust Registered Trustees v Nzili Headmaster Ama Primary School, Kilifi & 4 others (Environment & Land Case E092 of 2024) [2025] KEELC 257 (KLR)
The bottom line
#The Environment and Land Court in Malindi dismissed a defendant's attempt to throw out a land dispute on a technicality, ruling the incorporated trust could sue.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC
The court has jurisdiction over land ownership disputes; the jurisdiction ground was abandoned and fails in any event.
The dispute over land ownership and a declaration of ownership falls squarely within Section 13(2) of the Environment and Land Court Act. The Defendants raised the jurisdiction ground but filed no submissions on it, so it was treated as abandoned; on perusal of the plaint the claim falls within the court's jurisdiction.
Limitation
The limitation ground fails because the date of accrual of the cause of action is disputed and requires ascertainment of fact.
A preliminary objection cannot be sustained where facts are disputed. The plaintiff contended the cause of action arose in August 2024 when the defendant began preparing to construct classrooms, while the defendant relied on the date of title registration 26 years earlier. Since accrual is disputed, the ground does not meet the Mukisa Biscuits threshold.
Locus standi and capacity of the plaintiff
The plaintiff, an incorporated registered trust, has locus standi; the objection fails.
Section 3(3) of the Trustees (Perpetual Succession) Act gives an incorporated trust power to sue and be sued in its corporate name. Unlike in the Africa Christian Church case, the plaintiff here is incorporated, evidenced by a certificate of incorporation. That the deponent described himself as a 'director' is a curable defect, as he also describes himself as a trustee in the verifying affidavit.
Legal principles established
#- A preliminary objection raises a pure point of law argued on the assumption that all facts pleaded are correct, and cannot be raised where any fact has to be ascertained
- Once trustees are issued a certificate of incorporation they become a body corporate with power to sue and be sued in their corporate name
Court orders
#- 1.The preliminary objection dated 20/9/2024 is dismissed
- 2.The parties shall file their respective trial bundles, the plaintiff within 21 days and the defendants within 42 days from the date of the ruling, timelines running concurrently
- 3.The suit to be listed for mention on 24/3/2025 for issuance of a hearing date
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Africa Muslims Agency Trust Registered Trustees v Nzili Headmaster Ama Primary School, Kilifi & 4 others (Environment & Land Case E092 of 2024) [2025] KEELC 257 (KLR)", Case Analysis (2025). Not stated in judgment (ELC, Malindi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/257/eng@2025-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.