Mweni & 4 others v Kerubo (Tribunal Case 183/ E283 of 2024) [2025] KECPT 353 (KLR) (26 June 2025) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 353
- Citation
- [2025] KECPT 353 (KLR)
- Decided
- 26 June 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureRespondent filed a Preliminary Objection against the Statement of ClaimCoramHON.
Holding
The Co-operative Tribunal has jurisdiction to hear and determine the matter.
Facts
The Claimants are members of Sheria Sacco Society and acted as guarantors for a loan of Kshs. 2,130,000. The Respondent applied for a Development Loan and the Claimants' share deposits were debited to satisfy the loan.
Issues
- Whether the Co-operative Tribunal lacks the requisite jurisdiction under section 76 of the Co-operative Society’s Act to hear and determine the matter.
- Whether the claim constitutes a dispute within the context of section 76 of the Co-operative society’s act.
- Whether a dispute on the recovery of money deducted from guarantors by a Co-Operative Society or Sacco to satisfy a defaulted Loan which won grantors to a member is a preserve of commercial courts or the Co-operative Tribunal.
Reasoning
The Tribunal has jurisdiction under Section 76 of the Co-operative Society’s Act, as the dispute arises from the business of a Co-operative Society. The Tribunal is the court of jurisdiction for disputes related to Co-operative societies and Saccos.
Outcome
The Preliminary Objection is dismissed.
Authorities cited
Legislation (1)
- Co-operative Society’s Act No. 12 of 1997
Cases cited (1)
- Owners of the Motor Vessels 'Lillians' v Caltex Oil [K] Ltd.
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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