[2005] KEHC 2811 (KLR)

[2005] KEHC 2811 (KLR)

The court held that Karagita Mixed Self Help Group, being a self-help group registered with the Ministry of Culture and Social Services, does not have legal personality and therefore cannot sue or be sued in its own name. It can only sue or be sued through its appointed officials or office bearers. The application to strike out the suit against the 3rd Defendant failed because the suit was properly brought against the office bearers of the group, not the group itself. The court further held that procedural defects in the citation of the rules under which the application was brought are curable by amendment and do not render the application fatally defective. Consequently, the application...

Citation
[2005] KEHC 2811 (KLR)
Parties
Plaintiff: Edward K. Kimuhu; Plaintiff: George Murua Muinania; Plaintiff: Peter Ndonye N Gugi; Plaintiff: John Gathunga; Plaintiff: Jane Nduta Muiruki; Plaintiff: Monica Wangeci; Plaintiff: Lydia Wanjira Kangethe; Plaintiff: Edith Gathoni Kariuki; Plaintiff: John Ngunjiri Waigwa; Plaintiff: Isaka Kimanie; Plaintiff: John Kimonji Kinyenje; Plaintiff: Mercy Muthoni; Plaintiff: Mary Wairimu Kamiri; Plaintiff: Douglas Githiaka Mbugua; Plaintiff: Mercy Nyambura Karanja; Plaintiff: Grace Wambui Mburu; Plaintiff: Laban Gichaana Njoroge; Plaintiff: Stephen Ndung'u Ngure; Defendant: Weru Wamuthurwa Investment Co. Ltd; Defendant: Thika Rivers Estate Ltd; Defendant: P. Mburu Ngugi, Ng'ang'a Nyoike, Hosea M. Mwika t/a Karagita Self Help Mixed Group; Defendant: Chief Land Registrar
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
10 May 2005
Case Number
Civil Case 1335 of 2003
Procedural Posture
Civil Case / Ruling on Application to Strike Out Suit Against 3rd Defendant
Outcome
application dismissed with costs
Judges
JL Osiemo
Legal Topics
Striking Out of Suit, Legal Personality, Land Title Rectification, Fraudulent Land Transactions
Source Language
English
Civil Procedure Land and Property Striking Out of Suit Legal Personality Land Title Rectification Fraudulent Land Transactions

Case Brief

Summary, issues, holding and outcome

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Parties

Edward K. Kimuhu

Plaintiff

George Murua Muinania

Plaintiff

Peter Ndonye N Gugi

Plaintiff

John Gathunga

Plaintiff

Jane Nduta Muiruki

Plaintiff

Monica Wangeci

Plaintiff

Lydia Wanjira Kangethe

Plaintiff

Edith Gathoni Kariuki

Plaintiff

John Ngunjiri Waigwa

Plaintiff

Isaka Kimanie

Plaintiff

John Kimonji Kinyenje

Plaintiff

Mercy Muthoni

Plaintiff

Mary Wairimu Kamiri

Plaintiff

Douglas Githiaka Mbugua

Plaintiff

Mercy Nyambura Karanja

Plaintiff

Grace Wambui Mburu

Plaintiff

Laban Gichaana Njoroge

Plaintiff

Stephen Ndung'u Ngure

Plaintiff

Weru Wamuthurwa Investment Co. Ltd

Defendant

Thika Rivers Estate Ltd

Defendant

P. Mburu Ngugi, Ng'ang'a Nyoike, Hosea M. Mwika t/a Karagita Self Help Mixed Group

Defendant

Chief Land Registrar

Defendant

Procedural Posture

Civil Case / Ruling on Application to Strike Out Suit Against 3rd Defendant

Legal Issues

  1. 1 Whether the suit discloses a reasonable cause of action against the 3rd Defendant.
  2. 2 Whether Karagita Mixed Self Help Group, as a non-legal entity, can be sued in its own name.
  3. 3 Whether the application to strike out the suit against the 3rd Defendant is competent.

Ratio Decidendi

The court held that Karagita Mixed Self Help Group, being a self-help group registered with the Ministry of Culture and Social Services, does not have legal personality and therefore cannot sue or be sued in its own name. It can only sue or be sued through its appointed officials or office bearers. The application to strike out the suit against the 3rd Defendant failed because the suit was properly brought against the office bearers of the group, not the group itself. The court further held that procedural defects in the citation of the rules under which the application was brought are curable by amendment and do not render the application fatally defective. Consequently, the application...

Court Disposition

application dismissed with costs

Orders

  • The 3rd Defendant's application to strike out the suit is dismissed with costs.