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Nyariki Farmers Co-Operative Society Limited v Miathathia Coffee FarmersCo-Operative Society Limited [2021] KECPT 248 (KLR)

[2021] KECPT 248 (KLR) Co-operative Tribunal
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Court
Co-operative Tribunal
Case number
248
Citation
[2021] KECPT 248 (KLR)
Decided
2 September 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCo-operative DisputePostureAppeal from a decision of the Co-operative TribunalCoramHon. B. Kimemia, Hon. J. Mwatsama, Mr. Gitonga Kamiti, Mr. B. Akusala
Holding

The Tribunal has jurisdiction to handle the claim.

Facts

The case involves a dispute between two co-operative societies over the business of their respective societies.

Issues

  1. Whether the Tribunal has jurisdiction to handle the present claim

Reasoning

The Tribunal has jurisdiction as per Section 76(1)(c) of the Co-operative Societies Act, and the case involves economic interests of members.

Outcome

The application for transfer to the High Court is dismissed.

Orders

  • Application dismissed with costs
  • Matter to proceed to full trial
  • Hearing on 19.5.2022

Authorities cited

Legislation (1)
  • Co-operative Societies Act Cap 490 of the Laws of Kenya
Cases cited (2)
  • Kinogerana Farmers’ Co-Operative Society Ltd -vs- Murata Farmers SACCO Limited [2006] eKLR
  • Gatanga Coffee Growers -vs- Gitau [1970] EA 361
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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