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Joshua Abuga, Pamela Isensi, Rebecca Mboya, Peterson Ondicho, Fred Nyakundi & Peter Oraro (Appealing as officials, trustees and agents of the Seventh Day Adventist Church [Millenium]) v. Kelvin Kimulu (Suing as guardian ad litem of the children at Kisii Children Home), Child Welfare Society of Kenya, Child Welfare Society of Kenya [Kisii Branch] & Attorney General

(2020) JELR 100550 (CA)

Court of Appeal  •  Civil Appeal 152 of 2019  •  18 Dec 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. This appeal arises from a decision of the Environment and Land Court (Mutungi.J) delivered on 13th May, 2019.

2. Briefly, the background is that Kisii Children’s Home that is under the administration of the 1st respondent and management of the 2nd and 3rd respondents (the Child Welfare Society of Kenya and the Child Welfare Society of Kenya [Kisii Branch] respectively) which are state corporations hence represented by the 4th respondent, the Hon. Attorney General sued the appellants who are all agents, officials or trustees of the Seventh Day Adventist Church (Millennium) by way of a plaint dated 21st November, 2017 seeking a declaration that the suit land known as LR KISII MUNICIPALITY/BLOCK 111/153 belongs to the 3rd respondent; an order of permanent injunction restraining the respondents, their employees, agents or servants, from entering, remaining, praying, interfering whatsoever with the suit land; an order of eviction therefrom and demolition of the tempo…

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