[2014] KEHC 4030 (KLR)
The court found that the purported change of name from Kakamega Jua Kali Association to Kakamega County Jua Kali Association was intended to circumvent previous court decisions that had dismissed the defendants' attempts to restrain the plaintiffs from managing the association. The court determined that the...
Source-derived case information.
- Citation
- [2014] KEHC 4030 (KLR)
- Parties
- Plaintiff: Kakamega Jua Kali Association (suing through Patrick Luvusi - Chairman, Chacha Weche - Secretary); Defendant: Richard W. Kondo - Chairman, Ernest W. Lukavalia - Secretary (sued as officials and members of Kakamega County Jua Kali Association)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Case 23 of 2013
- Procedural Posture
- Civil Case / Ruling on Interlocutory Injunction Application
- Outcome
- application granted
- Judges
- SJ Chitembwe
- Legal Topics
- Interlocutory Injunctions, Association Governance, Change of Name Disputes, Property Control
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kakamega Jua Kali Association (suing through Patrick Luvusi - Chairman, Chacha Weche - Secretary)
Plaintiff
Richard W. Kondo - Chairman, Ernest W. Lukavalia - Secretary (sued as officials and members of Kakamega County Jua Kali Association)
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the defendants should be restrained from interfering with the operations of Kakamega Jua Kali Association pending determination of the suit.
- 2 Whether the change of name to Kakamega County Jua Kali Association lawfully transferred property and functions from the original association.
- 3 Whether the applicants have established a prima facie case warranting injunctive relief.
Ratio Decidendi
The court found that the purported change of name from Kakamega Jua Kali Association to Kakamega County Jua Kali Association was intended to circumvent previous court decisions that had dismissed the defendants' attempts to restrain the plaintiffs from managing the association. The court determined that the applicants had established a prima facie case with a probability of success, as there was a real danger that the association's property could be misused by individuals not lawfully recognized as officials. The court further noted that the registrar of societies' endorsement of the name change did not automatically transfer property or functions, and that the original association's...
Court Disposition
application granted
Orders
- The defendants are restrained from interfering with the operations of Kakamega Jua Kali Association pending determination of the suit.
- Costs awarded to the applicants.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
Civil Case No: 23 Of 2013
KAKAMEGA JUA KALI ASSOCIATION
SUING THROUGH
PATRICK LUVUSI- CHAIRMAN.........................PLAINTIFFS
CHACHA WECHE- SECRETARY
-VERSUS-
RICHARD W. KONDO - CHAIRMAN ..........RESPONDENTS
ERNEST W. LUKAVALIA- SECRETARY
SUED AS OFFICIAL AND MEMBERS OF
KAKAMEGA COUNTY JUA KALI ASSOCIATION.
R U L I N G
The application dated 28/6/2013 is seeking to restrain the defendants from interfering with the operations of the KAKAMEGA JUA KALI ASSOCIATION. The application is supported by the affidavit of PATRICK LUVUSI sworn on the 28/6/2013. The defendants filed a replying affidavit sworn by the 1st defendant on 22/7/2013.
Counsels for both parties are relying on the application and the replying affidavit. I have gone through the application and the affidavit and it is established that the KAKAMEGA JUA KALI ASSOCIATION was registered on the 24/11/1993. The Association owns some properties and there has been rivalry relating to the leadership of the association. The pleadings established that the respondents registered KAKAMEGA COUNTY JUA KALI ASSOCIATION around the year 2010 and made it to assume the functions of the original KAKAMEGA JUA KALI ASSOCIATION. The respondents filed two suits namely; KAK CMCC 353/2010 and KAK CMCC No. 308/2011. In the later suit the court allowed the applicants to continue as officials of KAKAMEGA JUA KALI ASSOCIATION. In the CMCC 353/2010 the defendant’s application to restrains the plaintiffs herein from dealing with the association was dismissed. The applicants contend that the defendants have forcefully taken over the operating premises and are interfering with the operations of the Association.
The respondents have annexed some minutes indicating that the name of the Association was changed to Kakamega COUNTY JUA KALI ASSOCIATION. It is clear that there is dispute between the two parties. The defendants simply changed the name and assumed that the properties owned by the previous association would be carried over to the new Association. On the other side the applicants maintain that the old association still exists and there was no change of name. The registrar of societies seems to have endorsed the changes. It is clear to me that the change of the name was only meant to circumvent the decision of the court that dismissed the defendants’ application. I am satisfied that the applicants have established a prima facie case with a probability of success. There is the danger that the property of the association might be misused by people who are not officials of the association. The application dated 28/6/2013 is merited and is granted as prayed. Costs to the applicants.
Dated, signed and Delivered at Kakamega this 3rd day of July 2014.
SAID J. CHITEMBWE
JUDGE