1. I have carefully considered plaint dated 13.5.25 and the application dated 13.5.25 filed under certificate of urgency herein. The dispute herein is between members of the society and the society concerning the business of the society .
2. Section 76 of the Co-operative Societies Act Disputes provides that : (1)If any dispute concerning the business of a co-operative society arises:—(a)among members, past members and persons claiming through members, past members and deceased members; or(b)between members, past members or deceased members, and the society, its Committee or any officer of the society; or(c)between the society and any other co-operative Society;it shall be referred to the Tribunal.
3. It is trite law that jurisdiction is everything and without it the court must pen down as was held in the case of in the celebrated by Nyarangi, J.A. in The Owners of Motor Vessel Lilian “S” v. Caltex Oil Kenya Ltd. ]1989] KLR 1 . This court lacks jurisdiction to hear this case as the Co-operative Act vests Jurisdiction to hear the dispute herein in the first instance in the Co-operatives Tribunal .
4. This suit and the application are struck out for want of Jurisdiction.
2. Section 76 of the Co-operative Societies Act Disputes provides that : (1)If any dispute concerning the business of a co-operative society arises:—(a)among members, past members and persons claiming through members, past members and deceased members; or(b)between members, past members or deceased members, and the society, its Committee or any officer of the society; or(c)between the society and any other co-operative Society;it shall be referred to the Tribunal.
3. It is trite law that jurisdiction is everything and without it the court must pen down as was held in the case of in the celebrated by Nyarangi, J.A. in The Owners of Motor Vessel Lilian “S” v. Caltex Oil Kenya Ltd. ]1989] KLR 1 . This court lacks jurisdiction to hear this case as the Co-operative Act vests Jurisdiction to hear the dispute herein in the first instance in the Co-operatives Tribunal .
4. This suit and the application are struck out for want of Jurisdiction.