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Victory Soul Winning Centre (suing through George Njoroge Muraya, Mary Muriama Morgan James & Mburu Muriama ( as its National Officials Trustees ) v. Simon Muiruri,George Mburu, Fatuma Abdi, Francis Ngugi, Teresiah Wangui, Robert Maregwa, Martha Mumo, Patrick Nzivo, Allan Kangacha & others

(2017) JELR 94444 (CA)

Court of Appeal  •  Civil Appeal 292 of 2009  •  28 Jul 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

The appellants lost the suit that they had instituted against the respondents in the High Court of Kenya at Nairobi. Vide an amended plaint dated 14thMarch 2002, they sought, inter alia, the eviction of the respondents from the Star of Hope Educational Centre “the school”, an injunction to restrain the respondents from interfering with the management and running of the school and damages for trespass to the school.

The suit was informed by the following facts. That in or about the year 1974 the appellants started a Christian organisation in the name and style of Huruma Pentecostal Church which combined religious as well as educational activities through donor funding that they solicited. In 1986 Huruma Pentecostal Church merged with Soul Winning Evangelistic Church and were registered under the Societies Act. However in or about 1993, Huruma Pentecostal church separated from Soul Winning Evangelistic Church and the former was separately registered under the Societi…

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