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STEPHEN MBUGUA MWAGIRU
V.
MUTHAIGA COUNTRY CLUB LIMITED & 3 OTHERS

(2018) JELR 95367 (CA)

Court of Appeal 25 May 2018 Kenya
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Case Details

Suit Number:Civil Appeal 100 of 2014
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Stephen Mbugua Mwagiru v. Muthaiga Country Club Limited & 3 others [2018] eKLR

JUDGMENT OF THE COURT

This is an interlocutory appeal arising from the Ruling of R.E. Ougo, J. dated the 6th day of March, 2014 dismissing the appellant’s application for injunction.

The brief background to the appeal is that, the appellant joined the 1st and 2nd respondents in 2004 as a full member after paying the requisite fee of Kshs.90,825.The relationship between the appellant and the 1st and 2nd respondents is contractual. The terms of engagement are outlined partly in the 1st and 2nd

respondents’ Memoranda and Articles of Association and the respective constitutions. The litigation resulting in this appeal was precipitated by a letter the appellant wrote to the 1st and 2nd respondents opposing an application for the intended membership of Fabian Philippart, which was viewed as a misconduct on the part of the appellant and reported to the 4th respondent for action.

On the 31st October, 2012, the management committee of the 1st and 2nd respondents met without the participation of th…

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