Revelation Mission Centre v African Church of the Holy Spirit [2021] KEELC 3981 (KLR)

Summary at a glance

Facts

The appellant, Revelation Mission Centre, challenged the trial magistrate's decision regarding the ownership of land parcels LR:MUTHAMBI/EREGA/324 and 326, which were initially registered under the African Church of the Holy Spirit (ACHS). The appellant claimed that the land belonged to them, as they were a successor entity formed from ACHS.

Issues

• Distinguishing between the respondents' churches
• Finding and holding that RMC originally referred to as African Church of Holy Spirit-Kimuri
• Finding that the respondents' church followed a different faith, procedures, and church attire
• Ordering the transfer of land parcels to the respondents
• Ordering the transfer of land parcels to the appellant
• Finding that the appellants did not follow the procedure in acquiring the land parcels

Reasoning

The court found that the trial magistrate's decision was supported by the evidence and that the appellant did not prove their case on a balance of probabilities.

Outcome

Appeal dismissed

Orders

• This appeal is dismissed.
• Costs in this court and in the lower court shall follow the event and are awarded to the respondent.