SAMSON KEENGU NYAMWEYA & 2 others v MOHAMMED HATIMY & 3 others [2008] KEHC 2448 (KLR)
- Court
- High Court of Kenya
- Case number
- 2448
- Citation
- [2008] KEHC 2448 (KLR)
- Decided
- 6 June 2008
The court allowed the Defendants' application for review and set aside the order allowing the Plaintiffs' application for temporary injunction. The Defendants' application is dismissed, and the Plaintiffs' application is also dismissed.
Facts
The Plaintiffs are the bona fide national chairman, senior vice-chairman, and 3rd vice-chairman of the Kenya Football Federation (KFF), a society registered under the Societies Act. The Defendants are also recognized as the bona fide officials of KFF by FIFA. The Plaintiffs sought an injunction to restrain the Defendants from conducting KFF's affairs.
Issues
- Whether the court's ruling on the temporary injunction was valid
- Whether the Plaintiffs' application for review was valid
Reasoning
The court found that the Defendants demonstrated sufficient reason for the order of review, and the Plaintiffs were also at fault for non-disclosure of material facts. The court ordered the parties to bear their own costs.
Outcome
The Plaintiffs' application for temporary injunction and the Defendants' application for review are both dismissed.
Orders
- The order allowing the Plaintiffs' application for temporary injunction is set aside.
- The Defendants' application for review is allowed.
Remedies
- The Plaintiffs' application for temporary injunction is dismissed.
- The Defendants' application for review is dismissed.
Authorities cited
Legislation (3)
- Societies Act
- Arbitration Act
- Civil Procedure Rules
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