KENVERSITY CO-OPERATIVE SAVINGS & CREDIT SOCIETY LIMITED v EVANS NYANG’AU NYAKUNDI & 8 others [2011] KEHC 1986 (KLR)
- Court
- High Court of Kenya
- Case number
- 1986
- Citation
- [2011] KEHC 1986 (KLR)
- Decided
- 20 May 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a preliminary objectionCoramH.M. OKWENGU
Holding
The court upholds the preliminary objection and rules that the plaintiff's suit is incompetent as the High Court has no jurisdiction to try it. The plaintiff's suit is accordingly struck out.
Facts
The plaintiff, Kenversity Co-operative Savings & Credit Society Limited, sued eight defendants who were all employees of the plaintiff society until February 28, 2008. The plaintiff claimed various amounts from the defendants for losses incurred due to fraud, negligence, and violation of internal controls.
Issues
- Jurisdiction of the High Court to hear the plaintiff's suit
- Admissibility of the Employment Act as a basis for jurisdiction
Reasoning
The court determined that the dispute falls under the Cooperative Societies Act, not the Employment Act, and that the High Court lacks jurisdiction to hear the case.
Outcome
The plaintiff's suit is struck out.
Orders
- The plaintiff's suit is struck out.
Authorities cited
Legislation (2)
- Cooperative Societies Act Cap 490
- Employment Act
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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