REGISTERED TRUSTEES GOSPEL OF GOD CHURCH V MOSES KAMUNDI & 5 OTHERS [2012] KEHC 2427 (KLR)
- Court
- High Court of Kenya
- Case number
- 2427
- Citation
- [2012] KEHC 2427 (KLR)
- Decided
- 18 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trialCoramR.E. Ougo
Holding
The court granted the application and restrained the 1st to 5th Defendants/Respondents from using the name 'GOSPEL OF GOD CHURCHES INTERNATIONAL' and interfering with their properties.
Facts
The Plaintiff, Registered Trustees Gospel of God Church, filed an amended Notice of Motion under Order 40 Rule 1 and 2 of the Civil Procedure Rules, Section 3A, 5 and 63(e) of the Civil Procedure Act Cap 21, seeking orders to restrain the 1st to 5th Defendants/Respondents from using the name 'GOSPEL OF GOD CHURCHES INTERNATIONAL' and interfering with their properties.
Issues
- Restraint of use of the name 'GOSPEL OF GOD CHURCHES INTERNATIONAL'
- Restraint of interference with properties
Reasoning
The court found that the Plaintiff had a valid claim for restraint due to the similarity of the names and interference with properties.
Outcome
Granted
Orders
- Restraint of use of the name 'GOSPEL OF GOD CHURCHES INTERNATIONAL'
- Restraint of interference with properties
Remedies
- Restraint of use of the name 'GOSPEL OF GOD CHURCHES INTERNATIONAL'
- Restraint of interference with properties
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21
- Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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