[2021] KEHC 6423 (KLR)
The court found that Transline Savings and Credit Cooperative Society Limited demonstrated a direct and identifiable legal interest in the proceedings, as the dispute concerned the use and registration of the name 'Transline Galaxy,' which the Proposed Interested Party claimed to have used first and for which it...
Source-derived case information.
- Citation
- [2021] KEHC 6423 (KLR)
- Parties
- Applicant: Republic; Respondent: Commissioner for Cooperative Development; Applicant: Paul Manwa; Applicant: Fred Nyachae; Applicant: Milton Ongoro; Applicant: Transline Galaxy Sacco Limited; Defendant: Transline Savings and Credit Cooperative Society Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E052 of 2021
- Procedural Posture
- Judicial Review Application / Ruling on Application for Joinder of Interested Party
- Outcome
- Application for joinder of interested party allowed.
- Judges
- P Nyamweya
- Legal Topics
- Joinder of Parties, Judicial Review Procedure, Interested Party Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Commissioner for Cooperative Development
Respondent
Paul Manwa
Applicant
Fred Nyachae
Applicant
Milton Ongoro
Applicant
Transline Galaxy Sacco Limited
Applicant
Transline Savings and Credit Cooperative Society Limited
Defendant
Procedural Posture
Judicial Review Application / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether Transline Savings and Credit Cooperative Society Limited should be joined as an interested party in the judicial review proceedings.
- 2 Whether the proposed interested party has a sufficient legal interest in the subject matter of the suit.
Ratio Decidendi
The court found that Transline Savings and Credit Cooperative Society Limited demonstrated a direct and identifiable legal interest in the proceedings, as the dispute concerned the use and registration of the name 'Transline Galaxy,' which the Proposed Interested Party claimed to have used first and for which it provided a certificate of registration. The court held that the Proposed Interested Party would be directly affected by the outcome of the judicial review application, particularly regarding the cancellation of Transline Galaxy Sacco Limited's registration. Therefore, in the interests of justice and to ensure all parties with a stake in the dispute are heard, the court exercised...
Court Disposition
Application for joinder of interested party allowed.
Orders
- Transline Savings and Credit Cooperative Society Limited is joined as an Interested Party.
- Ex parte Applicants to serve the Interested Party with the Chamber Summons dated 22nd April 2021 and submissions dated 7th May 2021 within seven days.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E052 OF 2021
IN THE MATTER OF AN APPLICATION FOR LEAVE TO INSTITUTE
JUDICIAL REVIEW PROCEEDINGS FOR ORDERS OF CERTIORARI AND MANDAMUS
BETWEEN
REPUBLIC.......................................................................................................APPLICANT
VERSUS
COMMISSIONER FOR COOPERATIVE
DEVELOPMENT..........................................................................................RESPONDENT
AND
TRANSLINE SAVINGS AND CREDIT
COOPERATIVE SOCIETY LIMITED.....................PROPOSED INTERESTED PARTY
EX PARTE APPLICANTS:
1. PAUL MANWA
2. FRED NYACHAE
3. MILTON ONGORO
4. TRANSLINE GALAXY SACCO LIMITED
RULING NO 2
1. On 23rd April 2021, this Court directed that the ex parte Applicant’s Chamber Summons dated 22nd April 2021 be heard inter partes today. The ex parte Applicants have since filed submissions thereon dated 7th May 2021. In the intervening period, Transline Savings and Credit Cooperative Society Limited (hereinafter“the Proposed Interested Party”), filed an application by way of a Notice of Motion dated 21st May 2021 seeking owing orders that it be joined in this suit as an Interested party, and that its application be heard and determined first.
2. The said application is supported by an affidavit sworn on even date by Eric Moseti Kombo, the Proposed Interested Party’s Chairman. The main ground for the application is that the ex parte Applicants fraudulently registered a society using the Proposed Interested Party’s name without its consent. Therefore, that the Proposed Interested Party has an identifiable stake or legal interest in the proceedings as it is the original owner and first user of the name “TRANSLINE GALAXY”, a matter that was concealed and led to the impugned cancellation of Transline Galaxy Sacco Limited by the Commissioner of Cooperative Development.
3. The Proposed Interested Party has provided evidence of its certificate of registration, and in light of the fact that the decision to cancel the registration of Transline Galaxy Sacco Limited is the subject matter of the suit herein, will be directly affected by the proceedings herein. It is therefore a necessary party in this suit within the meaning of Order 53 Rule 3 (2) and (4) of the Civil Procedure Rules.
4. In the circumstances, I hereby direct and order as follows:
i. Transline Savings and Credit Cooperative Society Limited be and is hereby joined to this suit as an Interested Party.
ii. The ex parte Applicants shall serve the Interested Party with theChamber Summons dated 22nd April 2021, and the submissions thereon dated 7th May 2021within seven (7) days of today’s date.
iii. Upon being served with the said pleadings, the Interested Party shall be required to file its response to theChamber Summons dated 22nd April 2021and submissions thereon within fourteen (14) days from the date of service.
iv. The costs of the Interested Party’s Notice of Motion dated 21st May 2021 shall be in the cause.
v. A virtual hearing of theex parteApplicants’Chamber Summons dated 22ndApril 2021shall be held on 7th July 2021 at 3 p.m., and the Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for a virtual hearing on that date.
vi. The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling to the ex parte Applicants and Interested Party by electronic mail by close of business on Thursday, 27th May 2021.
vii. Parties shall be at liberty to apply.
5. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 24TH DAY OF MAY 2021
P. NYAMWEYA
JUDGE