Konza Ranching & Farming Co-Operative Society Limited v John Kimeu Muindi & 2 others [2020] KECPT 16 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 16
- Citation
- [2020] KECPT 16 (KLR)
- Decided
- 5 November 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision to deny an application for extension of time to file a claim
Holding
The Tribunal has jurisdiction to entertain the Application as the subject matter of the dispute involves a dispute concerning the business of a registered society.
Facts
The Claimant is a cooperative society that owns land and has sub-divided it into plots. The 1st Respondent, along with 2nd and 3rd Respondents, allegedly acquired plot No. 213 without proper procedures.
Issues
- Whether the Claimant has established a proper basis to warrant extension of time to file claim
- Who should meet the costs of the Application
Reasoning
The court found that the dispute involves a cooperative society and the 1st Respondent is a member, thus falling under the jurisdiction of the Tribunal.
Outcome
The Tribunal denied the application for extension of time to file a claim.
Orders
- The Tribunal dismissed the 1st Respondent's Preliminary Objection
Authorities cited
Legislation (2)
- Limitations of Actions Act
- Co-operative Societies Act
Cases cited (3)
- Stephen Motari Isaboke-vs- Pariken Moko Parastun
- Mukisa Biscuit Manufacturing Company Limited- vs – West End Distributors Limited
- Charles Keragita Arwenya – vs- Nyakoe Farmers’ Co-operative Society Limited
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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