JOSEPH NYAGA NJAGI, HARRISON NJIRU NJERU & MUGANE ITTA (SUING AS TRUSTEES AND OFFICIALS OF CHRIST TRUE VINE MINISTRY CHURCH) V. MICHALE MUCHIRA NDUMA & JOSEPH NJIRU IRERI

JUDGEMENT OF THE COURT

The appellants are trustees and officials of Christ True Vine Ministry Church. On 26^th January, 2010, the appellants entered into an agreement with the 1^st respondent wherein the 1^st respondent as the absolute registered proprietor of Land Parcel No. Ngandori/Kirigi/3594 was to lease a portion of the said parcel for a rental sum of Kshs. 1,000/= per month. The appellants made an advance payment of Kshs. 10,000/= towards the monthly rent. It was a term in the said agreement that should the appellants wish to buy a portion of the parcel, the lease amount paid will be utilized towards the purchase price.

On the strength of the lease agreement, the appellants constructed a church on the parcel at a cost of Kshs. 300,000/=. Subsequently, on 20^th September 2010, the appellants and the 1^st respondent substituted the earlier agreement for lease and made a formal written agreement for purchase of the portion of land measuring 0.08 hectares out of land parcel no. Ngandori/K…