STEPHEN MBUGUA MWAGIRU V. MUTHAIGA COUNTRY CLUB LIMITED,MUTHAIGA COUNTRY CLUB HOLDINGS LTD,COLLIN CHURCH & GRAHAM NICHOLAS

JUDGMENT OF THE COURT

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

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

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 1^st and 2^nd 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 4^th respondent for action.

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