Njenga & 3 others v Kamunge & 3 others (Civil Case E001 of 2022) [2023] KEHC 27396 (KLR) (29 September 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 27396
- Citation
- [2023] KEHC 27396 (KLR)
- Decided
- 29 September 2023
The court directs the plaintiffs to move the court to have the Company enjoined as either a third party or as an Interested Party so that the court can adjudicate on and determine all the issues that are embedded in the suit.
Facts
The plaintiffs, Njenga and three others, filed a notice of motion application against the defendants, Kamunge and three others, seeking injunctions and other orders related to the management and operations of Mukuyuini Farmers Company Limited.
Issues
- Whether the plaintiffs have locus standi
- Whether the defendants are necessary parties in the suit
Reasoning
The court held that the Company itself ought to have been enjoined in the suit to address all issues concerning the Company and its memberships, and that the court has a wide discretion to order the Company's inclusion.
Outcome
The application is fixed for mention for parties to take directions.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Companies Act 2015
- High Court Organization and Administration (General) Rules, 2016
- Constitution of Kenya
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