[2018] KEHC 9294 (KLR)

[2018] KEHC 9294 (KLR)

The court found that the Applicants are members of the Kericho Muslim Association and have a direct interest in the outcome of the dispute concerning the Association's elections. Their stake in the proceedings and the potential impact of the court's decision on their interests make them necessary parties for the...

Source-derived case information.

Citation
[2018] KEHC 9294 (KLR)
Parties
Plaintiff: Kericho Muslim Association (suing through its secretary Mohammed Abdulahi Unshui); Defendant: Supreme Council of Kenya Muslims; Defendant: Registrar of Societies; Applicant: Abdulqadir Abdul Aziz & 24 Others
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
14 June 2018
Case Number
Civil Case 257 of 2016
Procedural Posture
Civil Application / Ruling on Application for Joinder of Interested Parties
Outcome
application allowed
Judges
BT Jaden
Legal Topics
Joinder of Parties, Interested Party Status, Association Disputes
Source Language
english
Civil Procedure Joinder of Parties Interested Party Status Association Disputes

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Parties

Kericho Muslim Association (suing through its secretary Mohammed Abdulahi Unshui)

Plaintiff

Supreme Council of Kenya Muslims

Defendant

Registrar of Societies

Defendant

Abdulqadir Abdul Aziz & 24 Others

Applicant

Procedural Posture

Civil Application / Ruling on Application for Joinder of Interested Parties

Legal Issues

  1. 1 Whether the Applicants should be enjoined as Interested Parties in the suit.
  2. 2 Whether the Applicants have a sufficient stake in the proceedings to warrant their joinder.

Ratio Decidendi

The court found that the Applicants are members of the Kericho Muslim Association and have a direct interest in the outcome of the dispute concerning the Association's elections. Their stake in the proceedings and the potential impact of the court's decision on their interests make them necessary parties for the complete and effectual adjudication of the matter. The court relied on Order 1 rule 10(2) of the Civil Procedure Rules and the Supreme Court's definition of an interested party to conclude that the Applicants should be enjoined. The application for joinder was therefore allowed, with costs in the cause.

Court Disposition

application allowed

Orders

  • The Applicants are granted leave to be enjoined as Interested Parties in the suit.
  • Costs of the application shall be in the cause.