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Tarak Khawaja & 5 others v. Registrar of Societies & 9 others

(2017) JELR 94941 (CA)

Court of Appeal  •  Civil Appeal 10 of 2016  •  31 Mar 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

This appeal was provoked by the judgment of the High Court at Mombasa (Emukule, J.) dated 3rd December 2015 by which he issued an order of certiorari and quashed a decision of the Registrar of Societies (the Registrar) dated 30th June, 2015 recognizing the appellants as the interim office bearers of the Muslim Association Mombasa (the Society), a society duly registered under the Societies Act (the Act). The learned judge also issued an order of mandamus directing the Registrar to confirm 8 of the respondents in this appeal as the duly elected office bearers of the Society. The appellants contend, among others, that the learned judge misapprehended the case and the evidence before him and misinterpreted and misapplied the provisions of the Act, while the respondents maintain that the orders by the learned judge were fully justified in the circumstances of this appeal because the Registrar had among others acted in violation of the rules of natural justice.

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