Republic v Registrar of Societies, Safina Lungazo Aluse, Mathias Abwotho & Joel Onono [2014] KEHC 497 (KLR)

Facts

The applicant church sought orders to restrain Mr. John Mweresa Kivuli from interfering with the activities of and/or disposing the assets of the church. The registrar of societies was not a party to the suit.

Issues

1. No order can be made against a person not a party to the suit.
2. The application was improper as it was filed in total oblivion of the fact that there was a substantive motion pending.

Reasoning

The court found that the application was brought against a person who was not a party to the suit, and thus no order can be made against such a person. The application was also improper as it was filed without regard to the pending substantive motion.

Outcome

Dismissed with costs