Wambua v Ufundi Sacco Society Limited (Tribunal Case 252 of 2019) [2023] KECPT 442 (KLR) (27 April 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 442
- Citation
- [2023] KECPT 442 (KLR)
- Decided
- 27 April 2023
AI Summary
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TypeTribunal CasePostureAppeal from a previous decisionCoramHON. BEATRICE KIMEMIA, HON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. PAUL AOL
Holding
The Tribunal declares that the Claimant and other members of Gateway House Investment are the rightful owners of the plot LR No Nairobi 209/2571.
Facts
The Claimant was a member of the Respondent's Sacco who resigned and withdrew his membership. The Respondent failed to refund his shares within 60 days, leading to a decree in favor of the Claimant.
Issues
- Refund of shares
- Sale of plot LR No Nairobi 209/2571
- Ownership of plot LR No Nairobi 209/2571
Reasoning
The Tribunal considered the well-established procedures for resolving disputes and the hierarchy of courts. The Claimant's request for a permanent injunction was dismissed as the matter was already before the High Court.
Outcome
The Tribunal allowed the application and declared the Claimant and other members of Gateway House Investment as the rightful owners of the plot LR No Nairobi 209/2571.
Orders
- A declaration that the Claimant and other members of Gateway House Investment are the rightful owners of the plot LR No Nairobi 209/2571.
- Firm of Orina Riech to come on record for Respondent.
Authorities cited
Legislation (1)
- Cooperative Societies Act
Cases cited (2)
- Alfayo Nyairo vs Nyabomite Farmers Cooperative Society Limited [2021]eKLR
- East Africa Pentecostal Churches Registered Trustees and 1754 others Versus Samuel Muguna Henry and 4 others [2015] KLR
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