[2009] KEHC 3257 (KLR)
The court determined that it lacks jurisdiction to hear the dispute as it arises between members of a co-operative society concerning property allocated by the society. The Co-operative Societies Act expressly provides that such disputes must be referred to the Co-operative Tribunal for resolution. Accordingly, the...
Source-derived case information.
- Citation
- [2009] KEHC 3257 (KLR)
- Parties
- Plaintiff: Moses Karumbo Njenga; Defendant: Silvia Kagendo Akubu; Defendant: Balozi Housing Co-op. Society Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 412 of 2009
- Procedural Posture
- Civil Case / Ruling on Jurisdiction and Transfer
- Outcome
- Suit transferred to the Co-operative Tribunal for hearing and final disposal; plaintiff to pay costs incurred so far.
- Legal Topics
- Cooperative Societies Disputes, Jurisdiction, Transfer of Suit, Ownership of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Karumbo Njenga
Plaintiff
Silvia Kagendo Akubu
Defendant
Balozi Housing Co-op. Society Ltd.
Defendant
Procedural Posture
Civil Case / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear disputes between members of a co-operative society regarding ownership of property allocated by the society.
- 2 Whether the dispute should be determined by the Co-operative Tribunal under the Co-operative Societies Act.
Ratio Decidendi
The court determined that it lacks jurisdiction to hear the dispute as it arises between members of a co-operative society concerning property allocated by the society. The Co-operative Societies Act expressly provides that such disputes must be referred to the Co-operative Tribunal for resolution. Accordingly, the suit is transferred to the Co-operative Tribunal for hearing and final disposal, and the plaintiff is ordered to pay the costs incurred thus far.
Court Disposition
Suit transferred to the Co-operative Tribunal for hearing and final disposal; plaintiff to pay costs incurred so far.
Orders
- This suit is transferred to the Co-operative Tribunal for hearing and final disposal.
- The plaintiff shall pay the costs so far incurred.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 412 of 2009
MOSES KARUMBO NJENGA ……………………………...PLAINTIFF
VERSUS
SILVIA KAGENDO AKUBU ………………………... 1ST DEFENDANT
BALOZI HOUSING CO-OP. SOCIETY LTD. …….. 2ND DEFENDANT
R U L I N G
Application dated 10/6/09 (Amended Chamber Summons) supported by affidavit of Moses Karumbo Njenga, he was allocated plot No. 363 Phase II of Muthaiga Gardens Estate in consideration of:-
“the sum of Kshs.2,254,649/= due to you vide our statement of account for house No.421
We confirm the plot is free from any liens, encumbrances and claims by third parties.”
Certificate of ownership was issued. Consent offered plot 363. It was confirmed the Kshs.2,254,649/= belonged to the plaintiff and the suit premises (plot) belonged to him. There is a dispute now and it appears both the plaintiff and defendants are members of a Co-operative Society called Balozi Housing Co-operative Society Ltd., with a certificate of registration. Disputes between members of a Co-operative Society or between the members are dealt with under the Co-operative Societies Act. The issue is raised in the replying affidavit.
This court has no jurisdiction. It is ordered that this suit be transferred to the Co-operative Tribunal for hearing and final disposal.
The plaintiff shall pay the costs so far incurred.
It is so ordered.
DATED, SIGNED and DELIVERED at Nairobi this 7th day of July, 2009.
JOYCE N. KHAMINWA
JUDGE