STEPHEN KARANJA WAWERU vs MANGU COFFEE GROWERS CO-OPERATIVE SOCIETY LTD [2002] KEHC 1083 (KLR)
- Court
- High Court of Kenya
- Case number
- 1083
- Citation
- [2002] KEHC 1083 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication by way of Chamber SummonsCoramA. I. HAYANGA
Holding
The decree against the society cannot be executed against the members of the management as they are not the parties to the suit and there was no judgment against them.
Facts
The plaintiff, Stephen Karanja Waveru, sought to execute a decree against the defendant, Mangu Coffee Growers Cooperative Society Ltd, but the defendant argued that the decree should be executed against the cooperative society itself, not its officials.
Issues
- Whether the decree to be executed must be on the one against whom it subsists.
- Whether management members of the cooperative society can be made liable in a suit against the society.
Reasoning
The Cooperative Societies Act 1997 provides that upon registration, every society becomes a body corporate with perpetual succession and power to sue and be sued. Management members are distinct from the cooperative society and are not parties to the suit.
Outcome
Preliminary point succeeds with costs.
Authorities cited
Legislation (1)
- Cooperative Societies Act 1997 (Act 12 of 1997)
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.
Loading judgment…