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
(2014) JELR 104725 (CA)
Court of Appeal
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Civil Appeal 4 of 2014
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28 May 2014
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Kenya
Coram
Alnashir Ramazanali Magan Visram, James Otieno Odek, Stephen Gatembu Kairu
Judgement
<p class="ql-align-justify">JUDGEMENT OF THE COURT</p><p class="ql-align-justify">The appellants are trustees and officials of Christ True Vine Ministry Church. On 26<sup>th</sup> January, 2010, the appellants entered into an agreement with the 1<sup>st</sup> respondent wherein the 1<sup>st</sup> 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.</p><p class="ql-align-justify">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<sup>th</sup> September 2010, the appellants and the 1<sup>st</sup> 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…</p>