Masinde & another v Betting Control Licensing Board & 5 others; Ndungu (Proposed Interested Party) (Civil Application E351 of 2022) [2025] KECA 685 (KLR) (11 April 2025) (Ruling)

Facts

Pevans' business collapsed due to non-issuance of license by BCLB in 2019; attempts to compel BCLB to issue a license through Constitutional Petition No. E252 of 2019 and Civil Appeal E471 of 2019 were unsuccessful; assets of Pevans were stolen and donated to Milestone, which gave rise to Civil Application No. E351 of 2022 and Civil Appeal No. E671 of 2022; Paul Wanderi Ndung'u was removed as a member of Milestone.

Issues

1. Whether the court erred in dismissing the proposed interested party's application for joinder on the ground that he had been expelled as a shareholder of the 4th respondent.
2. Whether the court erred in setting aside the order relied on by the court at the time and finding it non-existent.
3. Whether the court erred in denying the proposed interested party a chance to participate in Civil Application No. E351 of 2022.
4. Whether the court erred in dismissing the proposed interested party's application for review and/or setting aside of the impugned ruling.
5. Whether the court erred in dismissing the proposed interested party's application for review and/or setting aside of the impugned ruling due to the illegal consent that was adopted in his absence in E671 of 2022.

Reasoning

The court finds that the applicant will not be prejudiced if the application for joinder is denied, as the joinder of the applicant is likely to convolute the proceedings and delay the determination of the dispute.

Outcome

The application for review and/or setting aside of the impugned ruling is dismissed.

Authorities cited