Samuel Marak & 6 others v Nyabomite Farmers Co-operative Society Ltd & 4 others [2020] KECPT 81 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 81
- Citation
- [2020] KECPT 81 (KLR)
The Tribunal disallows the Claimant's Application dated 18.6.2019 and directs that the officials elected on 11.10.2018 continue being in office pending the hearing and determination of the main claim. Consequently, the Respondent's Application dated 1.7.2019 and the Claimant's Application dated 31.7.2019 are hereby marked as spent.
Facts
The High Court at Nyamira had previously restrained the Respondents from removing the Claimants from the 1st Respondent's Management Committee. The 1st Respondent's Management Committee was subsequently removed and replaced by the Respondents. The Claimants sought to set aside the interim orders and convene a Special General Meeting.
Issues
- Whether the interim orders restraining the Respondents from removing the Claimants from the 1st Respondent's Management Committee should be set aside.
- Whether the Tribunal should convene a Special General Meeting for purposes of approving the Finance budget of the 1st Respondent.
Reasoning
The Tribunal found that the interim orders were not set aside by the High Court and that the Respondents were duly elected into office. The Tribunal also noted the ongoing pandemic and the Commissioner of Co-operatives' pronouncements.
Outcome
The Tribunal's orders are final and binding.
Orders
- Directing that the officials elected on 11.10.2018 continue being in office pending the hearing and determination of the main claim.
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