Online Reporter
Fidelis Munyoro
Chief Court Reporter
The High Court has issued a provisional order stopping church elders of the Oasis of Love Trust from selling immovable property registered under the trust.
Justice Amy Tsanga’s judgment prevents the sale of Stand 1210, Bluffhill Township or any other property without the consent of the trustees.
The trustees of the church trust filed an urgent application to block the sale, arguing that the Trust deed vests sole authority to buy and sell immovable property in the trustees.
The court heard that the property was listed for sale through an estate agent without the trustees’ consent.
The elders— Andrew Njenje, Ibert Christmas, Owen Bandama, Kenneth Kondani and Kudakwashe Manoti— in their defence, denied initiating the sale and claimed that as church leaders, they had the right to manage the trust’s property.
Justice Tsanga ruled that the property belongs to the Trust, and the Trust deed gives the Trustees exclusive control over its management.
The court emphasised that church elders, as spiritual or administrative leaders, do not have legal authority to sell trust property unless the Trust deed explicitly grants such powers.
Justice Tsanga stated: “Any purported sale by non-trustees would be ultra vires and invalid. “The governance structures of the church cannot override the express provisions of the Trust instrument.”
The court found that the advertisement to sell the property created a reasonable risk of harm.
Once sold to a third party, the property could not be easily recovered, especially if acquired by a bona fide purchaser.
Justice Tsanga noted that damages would not be an adequate remedy for the Trust, as the property exists for the benefit of congregants.
Justice Tsanga dismissed objections raised by the elders, who argued the matter lacked urgency and cited procedural irregularities in the application.
The court ruled that the urgency was substantiated, given the potential irreparable harm. The judge stated that preserving the status quo was necessary to ensure any future sale complies with the trust deed.
The provisional order remains in place pending a final determination of the dispute.
