[2019] KEHC 7879 (KLR)

[2019] KEHC 7879 (KLR)

The court found that Will Developers & Construction Limited, as the complainant in the disciplinary proceedings before the respondent and the beneficiary of the costs awarded, has a direct legal interest in the outcome of the appeal. The appeal seeks to set aside a decision in which the applicant was awarded costs, and its exclusion would prejudice its interests. The court rejected the argument that only the court or a party to the proceedings can seek enjoinment, holding that the rules permit a person wishing to be enjoined as an interested party to apply. The applicant satisfied the criteria for enjoinment: it has a proximate and identifiable stake, stands to suffer prejudice if not...

Citation
[2019] KEHC 7879 (KLR)
Parties
Appellant: Samuel Mutahi Gathogo t/a Valley Auctioneers; Respondent: Auctioneers Licensing Board; Applicant: Will Developers & Construction Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
21 February 2019
Case Number
Civil Appeal 637 of 2017
Procedural Posture
Civil Appeal / Ruling on Application for Enjoinment as Interested Party
Outcome
Application allowed. Will Developers & Construction Limited enjoined as interested party.
Judges
LM Njuguna
Legal Topics
Joinder of Parties, Interested Party Enjoinment, Appeals Procedure
Source Language
English
Civil Procedure Joinder of Parties Interested Party Enjoinment Appeals Procedure

Case Brief

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Parties

Samuel Mutahi Gathogo t/a Valley Auctioneers

Appellant

Auctioneers Licensing Board

Respondent

Will Developers & Construction Limited

Applicant

Procedural Posture

Civil Appeal / Ruling on Application for Enjoinment as Interested Party

Legal Issues

  1. 1 Whether Will Developers & Construction Limited should be enjoined as an interested party in the appeal.
  2. 2 Whether the applicant has a sufficient legal interest or stake in the appeal to warrant enjoinment.
  3. 3 Whether failure to enjoin the applicant would cause prejudice.

Ratio Decidendi

The court found that Will Developers & Construction Limited, as the complainant in the disciplinary proceedings before the respondent and the beneficiary of the costs awarded, has a direct legal interest in the outcome of the appeal. The appeal seeks to set aside a decision in which the applicant was awarded costs, and its exclusion would prejudice its interests. The court rejected the argument that only the court or a party to the proceedings can seek enjoinment, holding that the rules permit a person wishing to be enjoined as an interested party to apply. The applicant satisfied the criteria for enjoinment: it has a proximate and identifiable stake, stands to suffer prejudice if not...

Court Disposition

Application allowed. Will Developers & Construction Limited enjoined as interested party.

Orders

  • Will Developers & Construction Limited is enjoined in the appeal as an interested party.
  • A copy of the record of appeal and other requisite documents shall be served upon the applicant within fourteen (14) days from the date hereof.