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Seventh Day Adventist Church E.A Ltd (Nairobi East S.D.A. Church) vStrathmore Educational Trust Registered Trustees Kenya, Railways Corporation & Stella Mbai

(2020) JELR 95152 (CA)

Court of Appeal  •  Civil Application 39 of 2020  •  4 Dec 2020  •  Kenya

William Ouko, Agnes Kalekye Murgor, Stephen Gatembu Kairu



1. In its Application dated 14th February 2020, the applicant Seventh-Day Adventist Church East Africa Limited, seeks an order under Rule 5(2)(b) of the Court of Appeal Rules to stay execution of the judgment and decree of the Environment and Land Court (ELC) in Case Number 303 of 2011 delivered on 30th September 2019. In that judgment the ELC dismissed the applicant's suit against the respondents, allowed the 1st and 3rd respondents’ counterclaims and ordered eviction of the applicant from parcels of land owned by those respondents.

2. The background in brief is that the applicant and the 2nd respondent entered into an agreement under which the 2nd respondent agreed to sell to the applicant a piece of land, then un-surveyed, measuring one acre and referred to as GL2/12A in a sub-division scheme. The applicant built a church and other facilities thereon.

3. The applicant expressed an interest in purchasing an additional 3 acres of land adjacent to the parcel referred …

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