Nyaigwa Farmers Co-operative Society Limited v Gusii Coffee Farmers Co-operative Union Limited [2021] KECPT 505 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 505
- Citation
- [2021] KECPT 505 (KLR)
- Decided
- 7 January 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the Co-operative TribunalCoramHon. F. Terer, Mr. P. Gichuki, Mr. B. Akusala
Holding
The application is dismissed with costs.
Facts
The Claimant, Nyaigwa Farmers Co-operative Society Limited, sought a temporary injunction against the Respondent, Gusii Coffee Farmers Co-operative Union Limited, to prevent the Respondent from suspending the Claimant from its union. The Claimant alleged that the Respondent suspended it without cause and without the Claimant being present at the alleged Annual General Meeting.
Issues
- Whether the Claimant has laid proper basis to warrant the granting of an Order of temporary injunction.
- Who should meet the costs of the Application.
Reasoning
The Claimant has not rebutted the accusations raised by the Respondent, questioning the Claimant's compliance with the by-laws of the Respondent. The Claimant has not established a prima facie case with a probability of success.
Outcome
Dismissed with costs
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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