Kibuthu & another v Kenya USA Diaspora Sacco & 2 others (Tribunal Case 24 of 2021) [2022] KECPT 151 (KLR) (18 February 2022) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 151
- Citation
- [2022] KECPT 151 (KLR)
- Decided
- 18 February 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from a lower court decisionCoramHON. J MWATSAMA
Holding
The Application is dismissed as the delay costs the Respondent herein to the detriment of the general membership.
Facts
The 1st Respondent, Kenya USA Diaspora Sacco, issued a circular to members on May 30, 2020, creating an office of Chief Executive Officer (CEO) position.
Issues
- Whether the Claimants have satisfied the threshold to give Injunctive Orders?
- Whether the Respondent has the authority to issue the circular and create the CEO position?
Reasoning
The court found that the application seeks to usurp the powers of the membership as donated to the board, and the delay in filing the written submissions by the Respondent is detrimental to the general membership.
Outcome
Application dismissed
Orders
- The Application for determination has been dismissed.
- The costs of this Application be borne by the Respondents.
Authorities cited
Legislation (2)
- Cooperative Tribunal (Practice and Procedure) Rules 2009
- Civil Procedure Act Cap 21
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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