John Muange Kioko & 6 others v Samson Ojwang & 17 others [2018] KEHC 1641 (KLR)
- Court
- High Court of Kenya
- Case number
- 1641
- Citation
- [2018] KEHC 1641 (KLR)
- Decided
- 4 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPosturePreliminary ObjectionsCoramB., Law, Nyamweya, Nyarangi
Holding
The court has no jurisdiction to entertain the dispute concerning the business of a Co-operative Society as provided in section 76 of the Co-operative Societies Act.
Facts
The plaintiffs seek to declare that the 1st to 16th defendants are in office illegally and are not the bonafide officials of the 17th defendant. They also seek a permanent injunction and an order for fresh elections.
Issues
- Jurisdiction of the court
- Validity of the interim committee
Reasoning
The court must determine the issue of jurisdiction at the earliest opportunity and must decide the issue right away on the material before it. Jurisdiction is everything and without it, a court has no power to make one more step.
Outcome
The application is dismissed.
Authorities cited
Legislation (2)
- Co-operative Societies Act, Cap 490 Laws of Kenya
- Co-operative Societies Act, 1963
Cases cited (3)
- Mukisa Biscuits Manufacturing Ltd. vs. West End Distributors Ltd. Civil Appeal No. 9 Of 1969 [1969] EA 696
- The Owners of Motor Vessel "Lillian S" vs. Caltex Oil Kenya Limited (1989) KLR 1
- Owners and Masters of The Motor Vessel "Joey" vs. Owners and Masters of The Motor Tugs "Barbara" and "Steve B" [2008] 1 EA 367
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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