George Kyaka & 5 others v Harrison Chege Kariuki & 2 others [2019] KEELC 3966 (KLR)
- Court
- Environment & Land Court
- Case number
- 3966
- Citation
- [2019] KEELC 3966 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication to join Registered Trustees of Kings Outreach Church as plaintiffs in the suitCoramB M Ebose
Holding
The application to join the Registered Trustees of Kings Outreach Church as plaintiffs in the suit is dismissed for lack of merit.
Facts
The suit was brought by six office bearers of Kings Outreach Church against Harrison Chege Kariuki and Watamu Tours and Travels Limited. The Registered Trustees of Kings Outreach Church were not parties to the suit.
Issues
- Whether the Registered Trustees of Kings Outreach Church can be joined as plaintiffs in the suit
- Whether the suit can be brought by the office bearers of Kings Outreach Church
Reasoning
The court found that a suit under Section 7 of the Arbitration Act can only be brought by a party to the arbitration agreement. Non-parties to the arbitration agreement are not eligible parties to a suit under Section 7 of the Arbitration Act.
Outcome
The chamber summons application is dismissed.
Orders
- The chamber summons application is dismissed for lack of merit.
- The applicants shall bear the 1st and 2nd respondent’s costs of the application.
- The 3rd respondent will bear her own costs.
Authorities cited
Legislation (3)
- Arbitration Act
- Societies Act
- Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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