ERNEST MUIRURI NJOROGE & 28 OTHERS v KABIRU KARANJA & 4 others [1997] KECA 10 (KLR)
- Court
- Court of Appeal
- Case number
- 10
- Citation
- [1997] KECA 10 (KLR)
- Decided
- 5 December 1997
The Court of Appeal dismissed the appeal and upheld the High Court's decision that the dispute was not between members and office bearers but between members and the society itself, thus the provisions of Section 80 of the Act were not applicable.
Facts
The appellants sued the respondents, who were the office bearers of Naivasha Kikuyu Farmers Co-operative Society Limited, for restoration of plots of land allotted to them on 29th January, 1983. The respondents argued that the dispute was not between members and office bearers but between members and the society itself.
Issues
- Whether the dispute between the appellants and the respondents falls under the jurisdiction of the High Court under Section 80(1) of the Co-operative Societies Act
- Whether the appellants' membership to the society was still connected to the plots in question after allotment
Reasoning
The Court held that the dispute was not between members and office bearers but between members and the society itself, and therefore the provisions of Section 80 of the Act were not applicable.
Outcome
Appeal dismissed
Orders
- The appellants' suit in the superior court be struck out instead of being dismissed
Authorities cited
Legislation (1)
- Co-operative Societies Act, Chapter 490 of the Laws of Kenya
Loading judgment…