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ERIC KETER & 6 OTHERS V. ISAIAH KIPLAGAT, DAVID OKEYO & JOSEPH KINYUA

(2004) JELR 102391 (CA)

Court of Appeal  •  Civil Application 241 of 2004  •  8 Oct 2004  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, William Shirley Deverell

Judgement

RULING

Though the motion before us is merely one under rule 5 (2) (b) of the Court’s Rules, it was very vigorously and laboriously contested before us and on several occasions we had to remind the respective counsel for the parties that the Court was not hearing the appeal which is yet to be filed.

There are seven applicants to the motion and they are led by Eric Keter (1st applicant) and Lukas Sang (2nd applicant). These are the ones who swore affidavits in support of the motion before us. On the other side of the divide are Isaiah Kiplagat as 1st respondent, David Okeyo as 2nd respondent and Joseph Kinyua as 3rd respondent. The applicants say they are members of Kenya Amateur Athletics Association or Kenya Athletics.

The respondents are the Chairman, Secretary and Treasurer respectively of KAAA, or Athletics Kenya as the case may be. The parties are not even agreed on what the correct name of their body is. We are not called upon to resolve that dispute at this stage. The disagreement …

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