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Mbaruk Abdalla Suleiman, Mohamed Khamis Omar, Mohamed Suleiman Ali, Swabir Masoud Abdalla, Suleiman Rashid Abdalla & Nassir Masoud Mohamed v. Mombasa Cement Limited , Salim Masoud Abdalla , Khalfan Abdalla , Rashid Mohamed Salim , Ahmed Mohamed Salim & Salim Al-Amin Suleiman

(2018) JELR 99181 (CA)

Court of Appeal  •  Civil Appeal 31 of 2018  •  6 Dec 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Joseph Raphael Karanja

Judgement

JUDGMENT OF THE COURT

1. The appeal herein calls into question the exercise of the learned Judge’s (Yano, J.) discretion in declining to allow the joinder of the appellants herein as interested parties in E.L.C No. 157 of 2017. As such, we can only interfere with the said discretion within the settled parameters as enunciated in the locus classicus case of Mbogo and Another v. Shah [1968] EA 93. Simply put, we ought not to interfere with the exercise of such discretion unless we are satisfied that the learned Judge misdirected himself in some matter and as a result, arrived at a wrong decision, or that it is manifest from the case as a whole that the learned Judge was clearly wrong in the exercise of his discretion and occasioned injustice.

2. The suit in the Environment and Land Court (ELC) was instituted against the 2nd to the 6th respondents as the elected trustees of the Mazuri Community (Development and welfare) Wakf Trust (the Trust). Under the Trust Deed dated 7th February, 2006 …

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