David Ndichu Kamatu & 6 others v Liquidator [2021] KECPT 490 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 490
- Citation
- [2021] KECPT 490 (KLR)
- Decided
- 25 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCooperative DisputePostureRespondent's Preliminary ObjectionCoramHon.
Holding
The Tribunal has jurisdiction to entertain the claim.
Facts
The Claimants are members of Mukungugu Farmers' Cooperative Society and are seeking to challenge the liquidation of the society. The Respondent, the Liquidator, has filed a Preliminary Objection contesting the Tribunal's jurisdiction and the claim's time-bar.
Issues
- Whether the Tribunal lacks jurisdiction to entertain the claim.
- Whether the claim is time barred.
Reasoning
The court held that the matter relates to the business of the cooperative society and is thus within the ambit of Section 76 of the Co-operative Societies Act, which refers disputes concerning the business of a cooperative society to the Co-operative Tribunal.
Outcome
The Respondent's Preliminary Objection is dismissed.
Orders
- The Respondent's Notice of Preliminary Objection is dismissed.
- The claim is not time-barred.
Authorities cited
Legislation (3)
- Co-operative Societies Act (Cap 490)
- Land Registration Act
- Environment and Land Court Act
Cases cited (3)
- Peter Gichuki King'ara vs IEBC & 2 others
- Charles Keragita Arwenya vs Nyakoe Farmers' Co-operative Society Limited
- Republic vs Gathaite Farmers' Co-operative Society Limited & another Ex parte Richard Ng'anga Kamiro
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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