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

RULING OF THE COURT

The applicant, Trustees of Kenya Assemblies of God seek orders under rule 5(2)(b) of the Rules of this Court to stay the decision of the High Court (P. N. Nyamweya, J) given on 19^th March 2014 restraining the applicant from trespassing on, transferring, constructing, developing or interfering with the 1^st and 2^nd respondents possession of the property known as Land Reference Number 209/11281 Nairobi and requiring the applicant to vacate the same and yield possession to the 1^st and 2^nd respondents pending the hearing and determination of the applicant’s intended appeal from that decision.

Background

In a plaint filed at the High Court in March 2013, the respondents Suresh Kumar Sofat and Sadina Sofat (“the Sofat’s”) sought judgment against the applicant Trustees of Kenya Assemblies of God (the Church) and the third respondent, Nairobi City Council (the Council), for a permanent injunction to restrain the Church and the Council from trespassing, transferring, constructi…