Rioba & 2 others (Suing on Behalf of siabai co-operative Society) v Meremo & 4 others; Siabai Cooperative Society & 2 others (Interested Parties) (Tribunal Case 076 of 2025) [2025] KECOPT 531 (KLR) (30 October 2025) (Ruling)
- Court
- Copyright Tribunal
- Case number
- 531
- Citation
- [2025] KECOPT 531 (KLR)
- Decided
- 30 October 2025
AI Summary
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TypeCooperative DisputePostureAppeal from a preliminary objection and a motion applicationCoramHON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. P. AOL
Holding
The preliminary objection and motion application are dismissed with costs.
Facts
The Claimants, who are committee members of Siabai Cooperative Society, filed a claim against Respondents alleging breaches of the cooperative's bylaws and failure to convene general meetings. The Respondents opposed the claim and filed a notice of preliminary objection and a motion application.
Issues
- Who can institute a suit on behalf of a cooperative
- Whether the Claimants have the authority to represent the cooperative
Reasoning
The Tribunal found that the preliminary objection was based on disputed facts that require evidence to establish the correct position, and the motion application was without merit.
Outcome
Both the preliminary objection and motion application are dismissed.
Orders
- Preservation order for amounts held by the cooperative bank
- Appointment of a caretaker committee
- Production order for account of income and expenses
- Costs to be borne by the Respondents
Remedies
- Preservation of funds
- Continuation of operations pending determination of the main claim
- Account of income and expenses for the cooperative
Authorities cited
Legislation (2)
- Cooperative Societies Act
- Constitution of Kenya
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