TRUSTEES OF THE KENYA ASSEMBLIES OF GOD V. SURESH KUMAR SOFAT, SADINA SOFAT & NAIROBI CITY COUNCIL

JUDGMENT OF THE COURT

[1] The proceedings leading to the motion now before us commenced in the High Court at Milimani ELC through a plaint filed on 25^th March 2013. Suresh Kumar Sofat and Sadina Sofat who are now the 1^st and 2^nd respondents in the appeal, and the 1^st and 2^nd applicants in the motion before us filed the plaint. They sought inter alia a permanent injunction restraining Trustees of the Kenya Assemblies of God (who is now the appellant and the respondent in the motion), and Nairobi City Council (now the 3^rd respondent in both the appeal and the motion ), from trespassing, transferring, developing or in any way interfering with the 1^st and 2^nd applicant’s peaceful possession of property known as LR No. 209/11251, and an order directing the appellant to yield vacant possession of that property to the 1^st and 2^nd applicants. Filed contemporaneously with the plaint was a notice of motion in which the 1^st and 2^nd applicants sought interlocutory orders pending the inter parte he…