Canva Trading Kenya Ltd Mombasa v Hall Nyambega [2021] KEMSET 133 (KLR)
- Court
- KEMSET
- Case number
- 133
- Citation
- [2021] KEMSET 133 (KLR)
- Decided
- 25 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypecivilPostureRespondent raises preliminary objection to claimant's claimCoramDr, Hon, Law, Lenaola, Mutunga, Olivier, Onguto
Holding
Tribunal lacks jurisdiction to hear the claim
Facts
Claimant seeks to enforce a claim against the Respondent, who is not a member of the Micro and Small Enterprises Act, but the claim is argued to be within the jurisdiction of the Tribunal.
Issues
- Tribunal's jurisdiction
- Defective claim
Reasoning
The Tribunal's jurisdiction is limited to disputes involving members, past members, or persons falling within the Act. The Respondent is not a member and thus the claim is defective.
Outcome
Claim dismissed
Authorities cited
Legislation (1)
- Micro and Small Enterprises Act, No 55 of 2012
Cases cited (3)
- Mukisa Biscuit Manufacturing Co. Ltd v. West End Distributors Ltd (1969) EA 696
- David Nyekorach Matsanga & Another v. Philip Waki & 3 Others (2017) eKLR
- Hassan Ali Joho & another -v- Suleiman Said Shabal & 2 Others (2014) eKLR
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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