Elijah Kinyua Ng’ang’a & 3 others v Gitu Wa Kahengeri & 3 others [2015] KEHC 7972 (KLR)
- Court
- High Court of Kenya
- Case number
- 7972
- Citation
- [2015] KEHC 7972 (KLR)
- Decided
- 5 November 2015
The preliminary objection should only extend to the 4th defendant. The 1st to 3rd defendants are subjects and individuals sued in their personal capacity, and an injunction can be issued against them. The suit should be heard on its merits and the court should determine whether to deny the relief or return a persuasive verdict through a declaratory order.
Facts
The plaintiffs (Elijah Kinyua Ng’ang’a, Mwai Wa Muthigi, Waveru Mugo, and Muiruri Njuguna) filed a suit against the defendants (Gitu Wa Kahengeri, Jacob Nyaga, Mau Mau War Veterans Association, and the Registrar of Societies) seeking an injunction. The 4th defendant (Registrar of Societies) raised a preliminary objection based on the Government Proceedings Act (Cap 40).
Issues
- Whether the preliminary objection raised by the 4th defendant should be allowed.
- Whether the suit should be heard on its merits or dismissed based on the preliminary objection.
Reasoning
The preliminary objection did not dispose of the suit on the basis of Section 16 in a summary manner. The court should hear the matter on its merits.
Outcome
The suit should be heard on its merits.
Orders
- No order as to costs.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Government Proceedings Act (Cap 40)
Cases cited (1)
- Mukisa Biscuits Manufacturing Co. Ltd –v- Westend Distributors Ltd [1969] EA 696
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