JUDGMENT OF COURT
This is an appeal against the judgment and decree of the superior court sitting at Embu (Juma J) dated 4th February, 2002 whereby the superior court entered judgment in favour of the respondent for the return of documents relating to land title No. NTHAWA/GITIBURI/2614 and in addition granted an order of eviction and permanent injunction against the appellant and its followers.
The respondent Rev. Canon David Waweru Njoroge was ordained as clergyman in Anglican Church of Kenya (CPK) Mbeere Diocese and was at one time in charge of St. Peter’s Cathedral Siakago – the Diocesan Cathedral. Sometime in 1995, he bought land title No. NTHAWA/ GITIBURI/1537 comprising of 34 acres from GILBERT KIURA MATHOROKO (Kiura) at a consideration which was not disclosed at the trial. There was already a temporary church on a portion of the land when the respondent bought it but a permanent one was subsequently constructed on the portion where the temporary church was located. The newly con…