[2017] KEELC 1701 (KLR)
The court held that the Plaintiff, being an unincorporated self-help group, lacks legal personality and therefore cannot sue or be sued in its own name. The Plaintiff did not provide evidence of its officials or members to bring the suit on its behalf. The court found that the suit was incompetent for want of legal...
Source-derived case information.
- Citation
- [2017] KEELC 1701 (KLR)
- Parties
- Plaintiff: Kathiani Cattle Dip Self-Help Group; Defendant: The Hon. Attorney General; Defendant: The County Govt. of Machakos
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 125 of 2014
- Procedural Posture
- Preliminary Objection / Ruling on Preliminary Objection
- Outcome
- preliminary objection allowed; suit struck out with costs
- Judges
- OA Angote
- Legal Topics
- Locus Standi, Legal Personality, Capacity to Sue, Striking Out of Suit
- 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
Kathiani Cattle Dip Self-Help Group
Plaintiff
The Hon. Attorney General
Defendant
The County Govt. of Machakos
Defendant
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Plaintiff, an unincorporated self-help group, has the legal capacity to sue or be sued.
- 2 Whether the suit as filed is fatally defective for want of legal personality.
Ratio Decidendi
The court held that the Plaintiff, being an unincorporated self-help group, lacks legal personality and therefore cannot sue or be sued in its own name. The Plaintiff did not provide evidence of its officials or members to bring the suit on its behalf. The court found that the suit was incompetent for want of legal capacity and struck it out with costs, upholding the preliminary objection.
Court Disposition
preliminary objection allowed; suit struck out with costs
Orders
- The Notice of Preliminary Objection is allowed.
- The suit is struck out as incompetent.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MACHAKOS
ELC. CASE NO. 125 OF 2014
KATHIANI CATTLE DIP SELF-HELP GROUP......................PLAINTIFF
VERSUS
THE HON. ATTORNEY GENERAL..............................1ST DEFENDANT
THE COUNTY GOVT. OF MACHAKOS.....................2ND DEFENDANT
RULING
1. This Ruling is in respect to the 1st Defendant’s Notice of Preliminary Objection dated 23rd January, 2014.
2. In the said Notice of Preliminary Objection, the 1st Defendant has averred that the suit is fatally defective; that the Plaintiff lacks locus standi and that the suit should be dismissed with costs.
3. The Preliminary Objection proceeded by way of submissions.
4. The 1st Defendant’s counsel submitted that a legal entity is a body, other than a natural person, that can function legally, sue or be sued and make decisions through agents.
5. Counsel submitted that the Plaintiff is not a legal entity that can sue or be sued; that the Plaintiff should have sued in the name of its officials or members and that the suit should be dismissed with costs on that ground.
6. The Plaintiff’s advocate submitted that the Plaintiff should be allowed to amend its Plaint pursuant to the provisions of Order 8 Rule 5(1) of Civil Procedure Rules.
7. What is before me is not an Application for amendment of the Plaint, but a Preliminary Objection as to whether the Plaintiff is a legal entity capable of suing and being sued.
8. The Plaintiff’s advocate has not denied that the Plaintiff is not a legal entity that can sue and be sued.
9. Being an unincorporated body, the Plaintiff can only bring a suit in the name of its officials or members.
10. Indeed, the Plaintiff has not exhibited any document to show its officials or members.
11. Having arrived at the conclusion that the Plaintiff is not a legal entity capable of suing or being sued, I find that the suit as filed by the Plaintiff is incompetent.
12. I therefore allow the Notice of Preliminary Objection and strike out the suit with costs.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 29TH DAY OF SEPTEMBER, 2017.
O. A. ANGOTE
JUDGE