John Githinji Wangondu v Raphael Gitau Njau Rev. Fr. Richard Odhiambo Andrew Odwar William Ahonde Francis Onjalla Kolping Organisation of Kenya

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, PALL, JJ.A. & BOSIRE, AG.J.A.) CIVIL APPEAL NO. 241 OF 1997 BETWEEN JOHN GITHINJI WANGONDU.......................................APPELLANT AND RAPHAEL GITAU NJAU REV. FR. RICHARD ODHIAMBO ANDREW ODWAR WILLIAM AHONDE FRANCIS ONJALLA KOLPING ORGANISATION OF KENYA ...................RESPONDENTS (Appeal from the Ruling/Order of the High Court of Kenya at Nairobi (Hon. Justice Kuloba) dated 6th February, 1997 in H.C.C.C. NO. 3065 OF 1996) **************** JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Kuloba, J.) given on February 6, 1997 whereby he struck out the five defendants from the suit on the ground that they were office bearers of a corporate body under the Trustees (Perpetual Succession) Act Cap 164. Section 3(3) of that Act provides that the body corporate may sue and be sued in its corpoIrnat et hensaem ec.ircumstances, we are satisfied that the learned judge was right and we have heard nothing in support of the appeal to persuade us that the learned judge erred in principle or otherwise. In our judgment, this appeal has no merit and is dismissed with costs. Dated and delivered at Nairobi this 15th day of December, 1997 A.A. LAKHA ............................. JUDGE OF APPEAL

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