Madeline Ndete Mulwa Brown & another v Katelembo Athiani Muputi Farming & Ranching Co-operative Society Ltd & 2 others [2019] KEELC 2108 (KLR)
- Court
- Environment & Land Court
- Case number
- 2108
- Citation
- [2019] KEELC 2108 (KLR)
- Decided
- 31 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePreliminary Objection to SuitCoramO.A. ANGOTE
Holding
The suit is struck out with costs as the dispute should have been filed in the Co-operative Tribunal.
Facts
Plaintiffs are members of a co-operative society and have purchased land plots. The co-operative society denies the plaintiffs' right to register the land plots in their names.
Issues
- Jurisdiction of the court
- Referral to Co-operative Tribunal
Reasoning
The dispute involves the business of the co-operative society and should be referred to the Co-operative Tribunal. The court lacks original jurisdiction over the dispute.
Outcome
Struck out with costs
Orders
- The suit is struck out with costs
Authorities cited
Legislation (2)
- Co-operative Societies Act
- Environment and Land Court Act
Cases cited (3)
- Gatanga Coffee Growers Co-operative Society Ltd vs. Gitau (1970) 1 EA 361
- Murata Farmers Sacco Society Limited vs. Co-operative Bank of Kenya (2001) eKLR
- Speaker of the National Assembly vs. Hon. James Njenga Karume (2008) 1 KLR 425
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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