Sheikh Mohamed Nunow v Ali Ibrahim Hassan [2019] KEHC 7640 (KLR)
- Court
- High Court of Kenya
- Case number
- 7640
- Citation
- [2019] KEHC 7640 (KLR)
The court finds no merit in the appellant's appeal and dismisses the appeal. The court allows the respondent's counter-claim and grants costs to the respondent.
Facts
The appellant sought to restrain the respondent from interfering with the management of Masjid Nur Mosque, while the respondent sought an injunction against the appellant. The appellant's suit was dismissed for lack of authority.
Issues
- Whether the appellant's suit was incompetent for want of authority?
- Whether the respondent's counter-claim had merit?
Reasoning
The court ruled that the appellant's suit was incompetent for want of authority, as he failed to list the members of the Masjid Nur Mosque whose authority he claimed to represent. The court also noted that the appellant did not produce any minutes showing his election as a committee member.
Outcome
Appeal dismissed, cross-appeal allowed, costs awarded to respondent.
Orders
- Appeal dismissed.
- Cross-appeal allowed.
- Costs to respondent.
Authorities cited
Legislation (2)
- Costs of and incidental to all suits shall be in the discretion of the court or judge.
- The court or judge shall have full power to determine by whom and out of what property and to what extent such costs are to be paid.
Cases cited (2)
- Kenya Agricultural Research Institute (K.A.R.I.) vs Farah Ali, Chairman Ishahakia Self Help Group and Another (2011) eKLR
- Tanui and 4 Others vs Birech & 11 Others (1991) KLR
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