Methodist Church in Kenya Trustees Registered & another v County Government of Tharaka Nithi & 4 others (Environment & Land Case E005 of 2024) [2025] KEELC 4070 (KLR)
The bottom line
#Kenya's Land Court in Chuka ruled a church's land claim could proceed, but struck out its injunction applications because they targeted a title that no longer exists.
What this practically means
#Executive summary
#Key legal issues
#Whether Section 18(2) of the Land Registration Act barred the suit
It did not; the claim is not a boundary dispute but a challenge to the 1st defendant's revocation of land allotted to the church
The court examined the amended plaint and reliefs sought. The plaintiffs challenge the 1st defendant's decision to take back five acres allotted to the church and allege fraudulent procurement of subdivision titles. A boundary determination by the Land Registrar is not a prerequisite to such a claim, so the preliminary objection ground failed.
Whether the suit was statute-barred under Section 7 of the Limitation of Actions Act
No; the 5th defendant failed to demonstrate the essential elements of limitation, and on the evidence the challenged subdivision titles issued in June 2023, within 12 years of the June 2024 suit
The party pleading limitation bears the burden of identifying the cause of action, its accrual date, and expiry of the limitation period. The 5th defendant did not discharge that burden. The interlocutory evidence showed subdivision titles were issued in June 2023 and the suit filed in June 2024, so limitation did not bar the claim.
Whether res judicata justified a stay of proceedings
No; the earlier Nairobi HCCC No. 315 of 1996 involved a distinct cause of action and different parties
The court held that even assuming res judicata was the basis for a stay, its essential elements were not met. The prior suit challenged an allocation to Samuel Gitonga and Mary Wilfred, who are not parties to the present suit, and sought annulment of that allotment - a distinct cause of action from the present adverse possession claim.
Whether interlocutory orders could issue over Karingani/Ndagani/585
No; the register was closed on subdivision in June 2023 and the title is extinct, so orders would be unenforceable; the applications were struck out with liberty to file fresh ones
The amended plaint and the two applications focused on a parcel whose register was closed on subdivision. Despite a replying affidavit showing the new subdivision registers and titles, the plaintiffs did not align their pleadings. Issuing orders over a non-existent parcel would be futile, so the court declined to go into the merits.
Legal principles established
#- Section 18(2) of the Land Registration Act applies only to claims that are genuinely boundary disputes, not to claims challenging allocation or revocation of allotted land
- A party invoking limitation must demonstrate the cause of action, when it accrued, and when the limitation period lapsed
- Courts should not issue interlocutory orders against closed land registers or extinct titles since such orders are unenforceable
Court orders
#- 1.The plaintiffs' two applications dated 3/6/2024 and 9/10/2024 are struck out
- 2.The 1st and 2nd defendants' application dated 31/7/2024 is dismissed for lack of merit
- 3.The plaintiffs' application dated 1/8/2024 is marked spent
- 4.The 5th defendant's preliminary objection dated 29/7/2024 is dismissed for lack of merit
- 5.Costs of the four applications and the preliminary objection shall abide the outcome of the main suit
- 6.Liberty granted to the plaintiffs to align their pleadings and bring fresh applications bearing the current land registrations
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution (Environment and Land Court jurisdiction) - not expressly cited in the ruling excerpt; the court exercised first-instance jurisdiction over land disputes under the Land Registration Act and Limitation of Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Methodist Church in Kenya Trustees Registered & another v County Government of Tharaka Nithi & 4 others (Environment & Land Case E005 of 2024) [2025] KEELC 4070 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4070/eng@2025-05-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.