By WILLIS OKETCH
Justice R M Mwongo sitting in Mombasa dismissed an application by Dr Edwin Muinga in which he wanted an injunction to stop the church from evicting him.
The church on the other hand wanted Dr Muinga evicted after the lease he signed with Anglican Church of Kenya (ACK) 20 years ago expired last year.
The judge ordered the hospital owner to vacate the premises after getting a temporary injunction.
The ruling was read by Justice John Mwera on behalf of Justice Mwongo who gave the order after hearing the dispute between Dr Muinga and ACK over the lease of the plot in Makupa.
Dr Muinga who is the chairman of Kenya Medical Research Institute (Kemri) leased the plot in 1991 and constructed the then Makupa Maternity and Nursing Home after getting approval from Mombasa Municipal Council.
However the churchâs lawyer Wamuti Ndegwa told the Court that Dr Muinga should not be allowed to continue using the plot because he had failed to pay rent.
He said that the church was forced to ask for the orders after the hospital had been run down so much that auctioneers sent by the church were unable to find anything valuable to take for rent arrears.
He argued that since the lease signed by the church and Dr Muinga had expired it was fair that the land be vacated.
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