Mwariki Farmers Company Limited v Catholic Diocese of Nakuru & 5 others (Environment & Land Case 13 of 2024) [2025] KEELC 624 (KLR)
The bottom line
#A Kenyan court refused to strike out a land suit against the Catholic Diocese of Nakuru, ruling the wrong party name was a curable mistake.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st Defendant (Catholic Diocese of Nakuru) is a legal entity capable of being sued
The objection was not upheld. Although the correct legal entity is the Catholic Diocese of Nakuru Registered Trustees, the trustees had already entered appearance, filed a defence and counterclaim, so dismissing the suit would elevate form over substance.
The court acknowledged that the plaint named 'Catholic Diocese of Nakuru' while the registered title and legal capacity reside in the Catholic Diocese of Nakuru Registered Trustees, incorporated under the Trustees (Perpetual Succession) Act, Cap 164. However, the trustees had appeared and defended, including a counterclaim to the suit property, so no prejudice would be suffered. The court held the omission curable by amendment, guided by the constitutional command against undue regard to procedural technicality, and declined to strike out the suit.
Whether the preliminary objection satisfied the Mukisa Biscuits test
The court treated the objection as not falling within the strict Mukisa Biscuits framework because the claims would survive in any event through the counterclaim, and the defect was curable.
Counsel for the plaintiff argued that a proper preliminary objection must be a point of law that conclusively disposes of the case, as considered by Justice Oundo in Rebecca Chumo v Christina Cheptoo Chumo. The court noted that even if the suit against the 1st defendant were struck out, the plaintiff's claims would still be canvassed within the defendants' counterclaim, so the objection did not meet the test of disposing of the suit as a preliminary point.
Legal principles established
#- A preliminary objection must consist of a point of law pleaded or arising by clear implication from the pleadings which, if argued as a preliminary point, may dispose of the suit
- Where a claimant has sued a description of a party rather than its incorporated legal personality, but the proper legal entity's trustees have already entered appearance and filed a defence and counterclaim, the defect is an amendable procedural omission rather than a fatal nullity
Court orders
#- 1.The preliminary objection is disallowed
- 2.The plaintiff is allowed to amend the plaint and serve the same within the next 10 days, failing which the suit against the 1st defendant shall be struck out
- 3.The defendants to amend their defence within 5 days of service if they so wish
- 4.The matter to be mentioned on 20th March 2025
- 5.Hearing reserved on 30th July 2025 at 8.30 am
- Jurisdiction invoked
- Article 159(2)(d) of the Constitution of Kenya 2010 (as cited by the parties); the court also invoked 'Article 150 of the Constitution of Kenya 2010' as printed
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwariki Farmers Company Limited v Catholic Diocese of Nakuru & 5 others (Environment & Land Case 13 of 2024) [2025] KEELC 624 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/624/eng@2025-02-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.