REGISTERED TRUSTEES OF MAXIMUM MIRACLE CENTRE V. ANDREW MLEWA MKARE

JUDGMENT OF THE COURT

The dispute in this appeal pits a church, the Maximum Miracle Centre (the appellant), against its former pastor, Andrew Mlewa Mkare (the respondent). Both the appellant and the respondent are claiming to be the owners of a portion of land measuring 100 x 800 ft. which is part of a bigger parcel of land known as Plot No. 114, situate in an adjudication section in Watamu, Kilifi. Although the disputed portion is yet to be registered, both parties claim, pending the registration, to be entitled to the registrable interest therein. For convenience we shall refer to that unregistered portion and the interest therein as “the suit property”. On the suit property is constructed a building known as Maximum Miracle Centre. The appellant claims that it raised the money for the purchase of the suit property and construction of the centre from its members. The respondent, on the other hand contends that he took out personal loans from a bank and a Sacco society, purchased the …