[1997] KECA 332 (KLR)
The Court of Appeal held that the High Court was correct in striking out the individual office bearers as defendants. The Trustees (Perpetual Succession) Act expressly provides that a registered corporate body has legal personality and must sue or be sued in its own name. The inclusion of office bearers as parties...
Source-derived case information.
- Citation
- [1997] KECA 332 (KLR)
- Parties
- Appellant: John Githinji Wangondu; Respondent: Raphael Gitau Njau; Respondent: Rev. Fr. Richard Odhiambo; Respondent: Andrew Odwar; Respondent: William Ahonde; Respondent: Francis Onjalla; Respondent: Kolping Organisation of Kenya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 241 of 1997
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Judges
- GS Pall
- Legal Topics
- Striking Out Parties, Corporate Personality, Capacity to Sue and Be Sued
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Githinji Wangondu
Appellant
Raphael Gitau Njau
Respondent
Rev. Fr. Richard Odhiambo
Respondent
Andrew Odwar
Respondent
William Ahonde
Respondent
Francis Onjalla
Respondent
Kolping Organisation of Kenya
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether office bearers of a corporate body registered under the Trustees (Perpetual Succession) Act can be sued in their personal capacity for acts of the corporation.
- 2 Whether the High Court erred in striking out the individual defendants from the suit.
Ratio Decidendi
The Court of Appeal held that the High Court was correct in striking out the individual office bearers as defendants. The Trustees (Perpetual Succession) Act expressly provides that a registered corporate body has legal personality and must sue or be sued in its own name. The inclusion of office bearers as parties was therefore improper, as liability attaches to the corporate entity and not to its individual officers for acts done in their official capacity. The appellant failed to demonstrate any error in the High Court's application of this principle, and the appeal was dismissed for lack of merit.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, PALL, JJ.A. & BOSIRE, AG.J.A.)
CIVIL APPEAL NO. 241 OF 1997
BETWEEN
JOHN GITHINJI WANGONDU.......................................APPELLANT
AND
RAPHAEL GITAU NJAU REV. FR. RICHARD ODHIAMBO ANDREW ODWAR WILLIAM AHONDE FRANCIS ONJALLA
KOLPING ORGANISATION OF KENYA ...................RESPONDENTS
(Appeal from the Ruling/Order of the High Court of Kenya at Nairobi (Hon. Justice Kuloba) dated 6th February, 1997
in H.C.C.C. NO. 3065 OF 1996)
****************
JUDGMENT OF THE COURT
This is an appeal from the order of the superior court (Kuloba, J.) given on February 6, 1997 whereby he struck out the five defendants from the suit on the ground that they were office bearers of a corporate body under the Trustees (Perpetual Succession) Act Cap 164. Section 3(3) of that Act provides that the body corporate may sue and be sued in its corpoIrnat et hensaem ec.ircumstances, we are satisfied that the learned judge was right and we have heard nothing in support of the appeal to persuade us that the learned judge erred in principle or otherwise.
In our judgment, this appeal has no merit and is dismissed with costs.
Dated and delivered at Nairobi this 15th day of December, 1997
A.A. LAKHA
.............................
JUDGE OF APPEAL
G.S. PALL
.............................
JUDGE OF APPEAL
S.E.O. BOSIRE
...................................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR