KENYA CHURCH OF CHRIST REGISTERED TRUSTEE v WILMOSE KIPLANGAT & 2 OTHERS [2009] KEHC 358 (KLR)
- Court
- High Court of Kenya
- Case number
- 358
- Citation
- [2009] KEHC 358 (KLR)
- Decided
- 17 December 2009
The court declines to grant the application for temporary injunction due to the balance of convenience tilting in favor of the defendants and the need to maintain the status quo pending full hearing and determination of the suit.
Facts
The Plaintiff, Kenya Church of Christ Registered Trustee, seeks a temporary injunction against the defendants, Wilmose Kiplangat and 2 others, to prevent them from trespassing, entering, remaining, taking up or dealing with the Plaintiff's property at Birongo Square Nairobi West. The defendants are in possession of the property but are not members of the Plaintiff's church and have a different church organization.
Issues
- Whether J.D. Reppart remains a trustee of the Plaintiff
- Whether Wilmose Kiplagat still remains an official of Kenya Church of Christ
- Whether the New Life Christian Church is part of Kenya Church of Christ
- Who are the current trustees of Kenya Church of Christ
Reasoning
The court considers the conditions for granting an interlocutory injunction and finds that the injury suffered by the Plaintiff may be compensated by an award of damages. The court also notes the defendants' long-term occupation of the property and the need to maintain the status quo.
Outcome
The application for temporary injunction is denied.
Orders
- No orders as to costs at this stage.
Authorities cited
Cases cited (1)
- Giella Vs Cassman Brown Ltd (1973) EA at 358
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