AFRICAN INDEPENDENT PENTECOSTAL CHURCH OF AFRICA TRUSTEES REGISTEREDV ELIJAH MIANO GATONYE & 2 OTHERS (Civil Appeal 50 of 2012) [2012] KEHC 2039 (KLR) (28 September 2012) (Ruling)

Facts

The appellant/applicant, African Independent Pentecostal Church of Africa, sought an injunction against the respondents, Elijah Miano Gatonye, Peter Waigwa Ndogo, and Irene Gathigia Kinyua, to restrain them from conducting business or dealing with LR No. Laikipia/Gatero/1347, which the appellant claims to own. The respondents claimed to have purchased LR Nyandarua/Gatero/1347. The Nyahururu Principal Magistrate's Court dismissed the suit, finding that the appellant had failed to prove ownership of LR No. Laikipia/Gatero/1347.

Issues

1. Whether the respondents have the right to use LR No. Laikipia/Gatero/1347
2. Whether the appellant has a prima facie case for an injunction pending appeal

Reasoning

The court found that the respondents' claim to have purchased LR Nyandarua/Gatero/1347 was not supported by evidence, and that the respondents' faction is a breakaway group and not the owner of the land. The court also noted that the worshipers cannot access the premises for purposes of worship, and that the loss suffered by the congregation in terms of spiritual nourishment cannot be quantified or compensated in damages.

Outcome

The court granted an injunction to the appellant pending the hearing and determination of the appeal.