Joseph Onkware Onganga (suing on his own behalf and on behalf of 245 other members of Nyabomite Farmers Co-operative Society Limited) v Kennedy Onyambu [2021] KEHC 7790 (KLR)
- Court
- High Court of Kenya
- Case number
- 7790
- Citation
- [2021] KEHC 7790 (KLR)
- Decided
- 15 April 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePlaintiff seeks to strike out the defendant's defense and preliminary objectionCoramE. N. Maina
Holding
The court has jurisdiction to hear and determine the dispute
Facts
The plaintiff is a member of a cooperative society and the defendant is the Nyamira County Co-operatives Officer. The plaintiff filed a notice of motion to strike out the defendant's defense for being filed out of time.
Issues
- Jurisdiction of the court
- Whether the dispute falls under the jurisdiction of the Co-operative Societies Tribunal
Reasoning
The court ruled that the dispute is not one that must be referred to the Co-operative Tribunal under Section 76 of the Co-operative Societies Act, but it is still considered a dispute concerning the business of a cooperative society and thus referred to the Tribunal.
Outcome
The preliminary objection on jurisdiction is dismissed, and the defense is deemed duly filed and served with the plaintiff bearing the costs.
Orders
- The preliminary objection on jurisdiction is dismissed
- The defense is deemed duly filed and served
Remedies
- The plaintiff bears the costs of the application
Authorities cited
Legislation (1)
- Cooperative Societies Act
Cases cited (2)
- Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd
- Samuel Marak & 6 others v the Commissioner of Co-operatives & others
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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