Isiolo Teachers Sacco Society Limited v Jarso (Tribunal Case 410 of 2019) [2022] KECPT 911 (KLR) (Civ) (15 December 2022) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 911
- Citation
- [2022] KECPT 911 (KLR)
- Decided
- 15 December 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeSurcharge OrderPostureClaimant's Notice of Motion ApplicationCoramHon. Beatrice Kimemia, M. Mbeneka, Mr. Gitonga Kamiti
Holding
The Notice of Motion application is allowed, and the Surcharge Order is upheld with costs.
Facts
The case involves a Surcharge Order issued by the Commissioner for Cooperative Development against Isiolo Teachers Sacco Society Limited by Kosaye Jarso.
Issues
- Whether the Surcharge Order was properly served
- Whether the Surcharge Order should be struck out due to procedural issues
Reasoning
The Tribunal found the Surcharge Order properly served and that the issue of its fairness is not relevant as the Tribunal's role is to adopt the Surcharge Order.
Outcome
Claimant is awarded Kshs. 1,286,884/80 plus costs and interest.
Orders
- Surcharge Order upheld
- Notice of Motion application allowed
Remedies
- Award of Kshs. 1,286,884/80 plus costs and interest
Authorities cited
Legislation (2)
- Cooperative Society Act
- Section 75(1) Cooperative Society Act
Cases cited (2)
- Alfayo Nyairo v Nyabomite Farmers Cooperative Sacco Limited [2021]eKLR
- Felix Otande-versus- Commissioner for Cooperative Development [2021] eKLR
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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