JUDGMENT OF THE COURT
[1] This appeal arises from a suit that was filed in the Environment and Land Court at Kitale by Kitale Pentecostal Church (KPC) through its Board of Trustees namely; Josphat Ogole Elegwa, Michael Wamalwa Nalwelisie, Ruth Sikolia Makonjo, Margaret Masitsa Muhalia and Humphrey Mwole Egosangwa (who are now the appellants). The suit was filed against Bernard Ayeka, Allan Lidambitsa, Shem Luyai and John Juma (who are now the respondents), in their capacity as former officials or interim trustees of KPC. The relief sought by the appellants was for judgment in their favour against the respondents jointly and severally; and an order that the respondents do surrender the certificate of lease comprised in Title Deed No. Kitale Municipality Block 3/11 (herein the suit property) to the appellants.
[2] The respondents filed a joint defence in which they denied the appellants’ claim and further denied that KPC was a church duly registered under the Societies Act Cap 108 Laws of…