Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…This is an appeal emanating from the Co-operative Tribunal pursuant to section 81 of the Cooperative Societies Act which provides as follows; - “81.…
…In my view, a higher award would be against the doctrine of mutuality as applicable in cooperative societies, which stipulates that a person cannot make a profit from himself. 23.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…E100 of 2022; Safaricom Investment Cooperative Society Limited vs. Francis Mbugua Kinyanjui & Leonard Njogu Njau t/a Kinyanjui & Njau Advocates.…
…E100 of 2022; Safaricom Investment Cooperative Society Limited v Francis Mbugua Kinyanjui & Leonard Njogu Njau t/a Kinyanjui & Njau Advocates and failed to have regard to unpaid fee notes as well as bills of costs.…
Division and case type: High Court CivilCivil Appeal
…Section 12 of the Cooperative Societies Act provides that: “Upon registration every society shall become a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power…
…From the above, it is evident that the Act gives the Cooperative Society power to hold movable and immovable property and to enter into contracts in its own name.…
Division and case type: High Court Commercial and TaxCommercial Matters
…By way of a plaint dated 7th December 2021, the Plaintiff, John Mwangemi, instituted this suit against the Defendant, KENCOM Savings and Cooperative Society Limited, seeking recovery of monies allegedly advanced to the Defendant…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Applicants, Oikocredit Ecumenical Development Cooperative Society U.A and Ropat Trust Company Limited, have moved this Court by way of a Notice of Motion dated 1 July 2026 under Sections 878, 884, 885, 888 and 889 of…
…The background of the matter is that Oikocredit, Ecumenical Development Cooperative Society U.A., advanced financial accommodation to Burn Manufacturing USA LLC.…
Division and case type: High Court Civil Appellate DivisionTribunals Appeal Case
Division and case type: Environment and Land CourtCivil Suit
…permissive or non-consensual actual, open notorious, exclusive and adverse use by him or those under whom he claims for a statutory prescribed period without interruption…” In the case of Maweu vs Liu Ranching and Farming Cooperative…
…Society 1985 klr, the Court of Appeal held as follows; “Thus, to prove title by adverse possession, it was not sufficient to show that some acts of adverse possession had been committed.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
Division and case type: High Court CivilCivil Appeal
Division and case type: CivilCivil Appeal
…Maweu v Kiu Ranching & Farming Cooperative Society Ltd Court of Appeal, at Nairobi September 4, 1985 Hancox, Nyarangi JJA & Platt Ag JA Civil Appeal No 2 of 1983 (Appeal from the ruling of the High Court at Nairobi, Porter…
…with the two judgements I would add that there was a special condition of approval of sub-division under the consent to the transaction given pursuant to Section 6(1) of The Land Control Act, Cap 302 that the Respondent Cooperative…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…The Appellant is a Savings and Credit Co-operative Society registered under the Cooperative Societies Act, 2012 and licensed and regulated by the Sacco Societies Regulatory Authority (SASRA) under the Sacco Societies Act,…
Division and case type: Environment and Land CourtCivil Suit
…and took over all the assets of the Farmers’ Cooperative Society which included movable, immovable assets and the bank account.…
…PW1 stated that members do not counter-sign the members register in a cooperative society. 18.…
Division and case type: Employment and Labour Relations CourtAppeals
The Appellant appealed against the trial court's dismissal of their claim for unlawful termination of employment, arguing that the trial magistrate erred in finding the termination lawful and fair. The Appellant claimed the termination violated Sections 4(1), 41(2), 44(4), 45(2), and 43 of the Employment Act 2007, asserting procedural unfairness and lack of proper hearing. The court upheld the trial court's decision that the termination was lawful and fair, dismissing the appeal.
Division and case type: Environment and Land CourtELC Land Originating Summons
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL AND TAX DIVISION INCOME TAX APPEAL NO E212 OF 2024 STIMA DT SAVINGS & CREDIT COOPERATIVE SOCIETY LIMITED…………………………..APPELLANT -VERSUS- COMMISSIONER, LEGAL…
…On the remaining part of the appeal, the tribunal held in its judgment that the appellant should have known the position of the High Court in Commissioner of Domestic Taxes vs Stima Cooperative Savings & Credit Society Limited…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…I note that the Cooperative Societies Act, section 81(1) thereto provides as follows (1) Any party to the proceedings before the Tribunal who is aggrieved by any order of the Tribunal may, within thirty days of such order…
…It is also not lost on the court that the Applicant, being a savings and credit cooperative society, is the custodian of depositors’ funds held on behalf of its members.…
Division and case type: High Court Judicial ReviewJudicial Review
…In the instant suit, Section 81 (1) of the cooperative societies act stipulates that any party to the proceedings before the Tribunal who is aggrieved by any order of the Tribunal may, within thirty days of such order, appeal…
…This court lacks jurisdiction to hear this matter under their cooperative societies act of Kenya and I so hold. Order: This suit is hereby struck out with costs.…
Division and case type: Environment and Land CourtELC Land Appeal
Division and case type: Environment and Land CourtELC Land Civil Suit
Division and case type: High Court DivCivil Appeal