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KAMAU JOHN KINYANJUI v. K. MWENDIA & 4 OTHERS

(2000) JELR 100389 (CA)

Court of Appeal  •  civ app 74 of 99  •  26 May 2000  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Effie Owuor

Judgement

JUDGMENT OF THE COURT

This is an appeal by the unsuccessful plaintiff from the judgment of the High Court of Kenya at Nairobi (O'Kubasu, J as he then was) given on 25th February, 1999. By it the court ordered that the plaintiff's suit against the defendants, Messrs K. Mwendia and four others sued as Trustees of Parklands Sports Club be dismissed with costs.

The plaintiff is a known city advocate while the defendants are trustees of Parklands Sports Club, a famous members club offering recreational, entertainment and related facilities to its members. It is not in dispute that the plaintiff has been a fully paid member of the club since 1991 until his expulsion in 1996. By a plaint dated 14th May, 1996 the plaintiff averred that he was wrongly expelled from the club in that he was denied the right to be heard by the main committee of the club and neither was he supplied with a copy of the complaint preferred against him by a senior member of the club. He therefore sought from the superio…

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