KENTON KIJABE CO-OPERATIVE SOCIETY V COMMISSIONER OF CO-OPERATIVE DEVELOPMENT & 5 OTHERS [2012] KEHC 3436 (KLR)
- Court
- High Court of Kenya
- Case number
- 3436
- Citation
- [2012] KEHC 3436 (KLR)
- Decided
- 6 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for InjunctionCoramJ. ANYARA EMUKULE
Holding
The application for injunction is dismissed with costs
Facts
The plaintiff cooperative society was put under liquidation by Gazette Notice Number 5272 of 1st September 1997, and the membership has lost large tracts of land due to the liquidation exercise.
Issues
- Injunction against the defendants
- Legal standing of the plaintiff cooperative society
Reasoning
The plaintiff cooperative society ceased to exist as a body corporate due to the cancellation of its registration, and thus does not have the necessary legal standing to bring the application. The application is incompetent and the injunction cannot be granted.
Outcome
Application dismissed
Orders
- Application dismissed with costs
Authorities cited
Legislation (3)
- Cooperative Societies Act, Cap. 490, Laws of Kenya
- Companies Act, Cap. 486, Laws of Kenya
- Government Proceedings 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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