Samwel Orwa Wayuga v Church Commissioners of Kenya of The Anglican Church of Kenya [2017] KEELC 189 (KLR)

Facts

The Plaintiff, Samwel Orwa Wayuga, sought a permanent injunction against the Defendant, The Church Commissioners of Kenya of the Anglican Church of Kenya, to prevent them from carrying out certain activities on his land. The Defendant applied for a stay of execution of the judgment pending an appeal to the Court of Appeal.

Issues

1. Whether to grant a stay of execution of the judgment pending the appeal
2. Whether to extend the period of suspension of the permanent injunction

Reasoning

The court found that the Defendant is a religious organization bound to suffer irreparable harm if the suspended permanent injunction is not extended, and the reasons given by the Defendant's counsel for the delay in the typing of proceedings for the preparation of the record of appeal were considered.

Outcome

The court granted the application for an extension of the period of suspension of the permanent injunction.

Authorities cited