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Grace Mwikali Somba v Muka Mukuu Farmers’ Co-Operative Society Ltd & another;Anastacia Kanini Kimeu & another (Interested Parties) [2021] KECPT 30 (KLR)

[2021] KECPT 30 (KLR) Co-operative Tribunal
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Court
Co-operative Tribunal
Case number
30
Citation
[2021] KECPT 30 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a final order dismissing a preliminary objection to jurisdictionCoramHon. B. Kimemia, Hon. J. Mwatsama, Mr. Gitonga Kamiti, Mr. B. Akusala, Mr. P. Gichuki
Holding

The Tribunal has jurisdiction to handle the claim

Facts

The dispute involves a member of a co-operative society and the society itself, concerning land ownership, boundaries, and usage of land.

Issues

  1. Whether the Tribunal has jurisdiction to handle the present claim concerning land ownership, boundaries, and usage of land

Reasoning

The Tribunal's jurisdiction extends to subjects that affect the interests of the Society, including investments, and the dispute concerns the business of the society.

Outcome

Appeal dismissed

Orders

  • Defendant's Notice of Preliminary Objection dismissed with costs
  • Matter to proceed to full trial
  • Mention for Directions on 25.1.2022

Authorities cited

Legislation (1)
  • Co-operative Societies Act Cap 490 of the Laws of Kenya
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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