[2017] KEHC 29 (KLR)
The court held that the dispute between the applicant and the respondent, being a matter concerning the business of a co-operative society and specifically relating to a loan advanced to a member, falls squarely within the jurisdiction of the tribunal established under section 76(1) of the Co-operative Societies...
Source-derived case information.
- Citation
- [2017] KEHC 29 (KLR)
- Parties
- Applicant: Nancy Wanjiko Kingori; Respondent: KUSSCO Limited & Another
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction and Jurisdictional Objection
- Outcome
- Application and suit struck out for want of jurisdiction; matter referred to the Co-operative Societies Tribunal.
- Legal Topics
- Interlocutory Injunctions, Jurisdiction, Cooperative Societies Disputes, Loan Repayment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Wanjiko Kingori
Applicant
KUSSCO Limited & Another
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction and Jurisdictional Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine the dispute between the plaintiff and the defendant regarding the loan and land parcel.
- 2 Whether a temporary injunction should be granted to restrain the defendant from interfering with the plaintiff's use of the land pending determination.
Ratio Decidendi
The court held that the dispute between the applicant and the respondent, being a matter concerning the business of a co-operative society and specifically relating to a loan advanced to a member, falls squarely within the jurisdiction of the tribunal established under section 76(1) of the Co-operative Societies Act. Consequently, the High Court lacks jurisdiction to entertain the application or the suit. The application and the suit must therefore be referred to the appropriate tribunal for determination. The court declined to grant the temporary injunction sought by the applicant and directed that the matter be dealt with by the tribunal.
Court Disposition
Application and suit struck out for want of jurisdiction; matter referred to the Co-operative Societies Tribunal.
Orders
- The application and suit are struck out for want of jurisdiction.
- The dispute is to be referred to the Co-operative Societies Tribunal.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
HIGH COURT CIVIL NO. 1 OF 2017
NANCY WANJIKO KINGORI..........................................PLAINTIFF/APPLICANT
VERSUS
KUSSCO LIMITED & ANOTHER..........................DEFENDANT/RESPONDENT
RULING
1. The plaintiff/Applicant has filed an application seeking a temporary injunction against the defendant/respondent from auctioning, selling, disposing, evicting or in any other way interfering with the plaintiff’s use of land parcel Cis-Mara/Olopito/2326 pending the hearing and determination of this application.
2. The Defendant/Respondent filed written submissions in which he raised the issue of jurisdiction of this court to hear and determine this application and or suit. The respondent submitted that this court lacks jurisdiction to entertain and determine this matter.
3. I have considered the pleadings of both parties, the affidavit evidence and the written submissions. I find that the plaintiff/Applicant was a member of the first Defendant/Respondent Co-operative Society. And I also find that the dispute between the parties is in relation to the amount of money owed to the first Defendant/Respondent in respect of a loan of Sh. One million (Shs.1,000,000) that was to be repaid in four years.
4. In the circumstances, I find that this is a dispute that should be resolved first by the tribunal which is set up by the Co-operative Society Act in terms of section 76 (1) of the Co-operative Societies Act.
5. The upshot of the foregoing is that this application together with the suit are matters that should be dealt with by the tribunal.
6. Costs of this application shall be costs in cause.
Ruling delivered in open court this 29th day of June 2017 in the presence of Mr. Kiptoo for the appellant and Mr. Ndungu holding brief for Mr. Modi for the respondent.
J. M. Bwonwonga
Judge
29/6/2017