Adero & 3 others v Douglas & 3 others (Civil Application E103 of 2024) [2024] KECA 976 (KLR) (31 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 976
- Citation
- [2024] KECA 976 (KLR)
- Decided
- 31 July 2024
The application is dismissed with costs, as the applicants failed to satisfy both limbs of the requirements under rule 5(2)(b) of the Court of Appeal Rules.
Facts
The applicants sought an injunction to prevent the respondents from dissolving the Dandora O Kangundo Road Self Help Group and engaging in actions counterproductive to the entity's objectives. The applicants alleged that the respondents failed to convene an Annual General Meeting since 2004 and that the entity had not conducted elections as required by law.
Issues
- Whether the respondents are legally in office
- Whether the entity has achieved its objectives and should be dissolved
- Whether the applicants have standing to seek the injunction
Reasoning
The court found that the applicants did not establish that the appeal will be rendered nugatory without a stay, and that the plots have already been sold to third parties, making it impossible to grant the status quo orders.
Outcome
Dismissed with costs
Authorities cited
Cases cited (1)
- Kenafric Matches Ltd v Match Masters Limited & Another (Civil Application E092 of 2021) (2021) KECA 188 (KLR) (19 November 2021)
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