Luseno v Redhouse Group Co-operative Savings & Credit Society Limited & 4 others (Tribunal Case E065 of 2025) [2025] KECOPT 612 (KLR) (15 December 2025) (Ruling)
- Court
- Copyright Tribunal
- Case number
- 612
- Citation
- [2025] KECOPT 612 (KLR)
- Decided
- 15 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a summary judgmentCoramHON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. PAUL AOL
Holding
The 2nd, 3rd, 4th, and 5th Respondents cannot be sued for the Sacco’s liability. The summary judgment cannot be set aside.
Facts
The Claimant deposited Kshs. 1,920,000 into the Sacco, but did not receive a refund after giving notice. The Sacco's management committee is the governing body, but individual members cannot be sued for the Sacco's liability.
Issues
- Whether the 2nd, 3rd, 4th, and 5th Respondents can be sued for the Sacco’s liability?
- Whether the summary judgment can be set aside pending the hearing and determination of the matter on merits?
Reasoning
The management committee of the Sacco is the governing body and cannot be sued. The individual committee members can only be sued if there is evidence of fraud or misappropriation.
Outcome
Appeal allowed
Orders
- The 2nd, 3rd, 4th, and 5th Respondents' names should be expunged from the suit.
- Notice to issue for the parties to file written submissions.
- Costs to be in the cause.
Authorities cited
Legislation (1)
- Co-operative Societies Act
Cases cited (1)
- Philiph Chemwolo & Another versus Augustine Kubede (1988) KAR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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