ISMAEL S. MBOYA & 2 OTHERS
V.
MOHAMMED HAJI ISSA & ANOTHER

JUDGMENT OF THE COURT

By a notice of motion application dated 9^th December, 2003 and lodged in the superior court under Order LIII R. 3(1) of the Civil Procedure Rules the applicant, Mohamed Haji Issa, sought the following orders, namely:

“(a) The decision of the Registration (sic) of Societies made in July 2003 by which officials purportedly elected on 25^th May, 2003 were registered as officials of the Kisumu Muslim Association be removed into this Court and be quashed.

(b) The Registrar of Societies be prohibited from recognizing and or registering the persons purportedly elected in the elections of 25^th May, 2003 as bonafide officials of Kisumu Muslim Association.

(c) The persons purportedly elected on 25^th May 2003 as officials of the Kisumu Muslim Association be prohibited from holding themselves out to any persons as officials of the said Association.

(d) the Respondents to pay the costs of this application.

The application was based on the grounds set out on the face thereof; na…