[2008] KEHC 1650 (KLR)
The court found that the dispute between the plaintiff and defendants over the ownership and possession of Plot No. Dagoretti/Riruta 1135, involving rival church congregations, posed a real risk of breach of peace. Given the pending related suit and the potential for public disorder, the court exercised its inherent...
Source-derived case information.
- Citation
- [2008] KEHC 1650 (KLR)
- Parties
- Plaintiff: Pastor Joshua Kangalya; Defendant: Christian Foundation Fellowship; Defendant: David Waithaka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 386 of 2008
- Procedural Posture
- Civil Case / Ruling on Chamber Summons for Interim Injunction
- Outcome
- Application allowed in part; interim injunction granted in terms of prayer 2 only; costs in the cause.
- Legal Topics
- Interim Injunctions, Church Property Disputes, Trespass, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pastor Joshua Kangalya
Plaintiff
Christian Foundation Fellowship
Defendant
David Waithaka
Defendant
Procedural Posture
Civil Case / Ruling on Chamber Summons for Interim Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to an interim injunction restraining the defendants from trespassing, taking possession, or damaging the church premises.
- 2 Whether an injunction should issue restraining the second defendant from leaving the jurisdiction of the court.
- 3 Whether the dispute over Plot No. Dagoretti/Riruta 1135 justifies the grant of interim relief to prevent breach of peace.
Ratio Decidendi
The court found that the dispute between the plaintiff and defendants over the ownership and possession of Plot No. Dagoretti/Riruta 1135, involving rival church congregations, posed a real risk of breach of peace. Given the pending related suit and the potential for public disorder, the court exercised its inherent jurisdiction to grant an interim injunction in terms of prayer 2 only, thereby restraining the second defendant from leaving the jurisdiction of the court. The court declined to grant the broader injunction sought against trespass or possession, limiting relief to what was necessary to prevent escalation of the dispute until the substantive hearing. Costs were ordered to be in...
Court Disposition
Application allowed in part; interim injunction granted in terms of prayer 2 only; costs in the cause.
Orders
- Interim injunction granted restraining the second defendant from leaving the jurisdiction of the court pending hearing of the suit.
- Order to be served upon the Immigration Department of Kenya.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 386 of 2008
PASTOR JOSHUA KANGALYA ………………....……… PLAINTIFF
VERSUS
CHRISTIAN FOUNDATION FELLLOWSHIP
DAVID WAITHAKA …….………………………………DEFENDANTS
R U L I N G
Chamber summons dated 9/7/08 seeking interim injunction restraining the defendant not to trespass or to take possession of property or damage the church premises and a second injunction be issued against 2nd defendant to restrain him leaving the jurisdiction of this court and the order be served upon the Immigration Department of Kenya, on the ground that the applicant is the founder of the Zion Hope Ministry International which is the holder of Plot No. Dagoretti/Riruta 1135 on which the Zion Hope Ministry International stands and owns all the equipment and property within the church and that on or about 1/8/2007 and on or about the 25th August 2007 the second defendant being an agent of the first defendant wrote letters to the plaintiff alleging that he misappropriated money belonging to the first defendant.
However the said property belongs to plaintiff and his Ministry. Other grounds are set out which established clearly that the two organizations are engaged in dispute that may lead to a breach of the peace especially as there are several members of each church.
I have perused the plaintiff’s affidavit in support of which shows the details of the dispute. I have also perused the Replying Affidavit sworn by 2nd defendant. He claims the lease of Plot No.1135/Dagoretti/Riruta on behalf of the defendants and has requested the plaintiff to vacate the same. It is disclosed that there is another suit SPMCC Limuru – No.142 of 2008 which is pending. It is also disclosed that the congregation of defendant have been involved in the dispute. This is dangerous situation.
The court has considered the arguments of both parties. The court must act to prevent acts that may lead to breach of peace among the members of public. The court therefore invokes the inherent powers of court and grants interim orders pending the hearing of this suit in terms of prayer 2 only.
The application is therefore allowed to that extent. Costs shall be in the cause.
It is so ordered.
DATED and DELIVERED at Nairobi this 27th day of August 2008.
JOYCE N. KHAMINWA
JUDGE