Muthui Wa Kariuki v Tembo Co-Operative Savings & Credit Society [2014] KEHC 3422 (KLR)
- Court
- High Court of Kenya
- Case number
- 3422
- Citation
- [2014] KEHC 3422 (KLR)
- Decided
- 17 July 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant filed a Notice of Preliminary Objection to strike out the Plaintiff's suit.CoramWendoh
Holding
The Court finds that the Plaintiff's claim is improperly before the Court and should have been filed in the Co-operative Tribunal.
Facts
The Plaintiff is a member of the Defendant co-operative society and claims that the society delayed issuing a title deed for the suit property, preventing him from using it for development purposes. The society also constructed a septic tank on the property.
Issues
- Whether the Plaintiff's claim falls within the jurisdiction of the Co-operative Tribunal under section 76(1b) of the Co-operative Societies Act (1997).
- Whether the Plaintiff's claim is an abuse of the Court's process and should be dismissed.
Reasoning
The Court upholds the Defendant's Preliminary Objection, finding that the Plaintiff's claim is a dispute between a member and the society, and thus falls under the jurisdiction of the Co-operative Tribunal.
Outcome
The Plaintiff's suit is struck out with costs to the Defendant.
Orders
- The Plaintiff's suit is struck out with costs to the Defendant.
Authorities cited
Legislation (2)
- Co-operative Societies Act (1997)
- Co-operative Tribunal Act
Cases cited (4)
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd (1969) EA 696
- Ol Kalou Farmers Sacco Savings & Credit Co-operative & Anor v Pius Njoroge (2006) eKLR
- John Ayuga & 30 Ors v Garo Sacco Ltd Misc. Civil App. No. 620 of 2001 (2009) eKLR
- Gerald W. Makau v Lukenya Ranching & Farming Co-Operative Society Ltd & 8 Ors HCCC No. 80 of 2003 (Machakos)
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…