JUDGMENT OF THE COURT
Section 80(1) of the Co-operative Societies Act, chapter 490 of the Laws of Kenya, hereinafter called the Act, is in the following terms:
“80. (1) If any dispute concerning the business of registered 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 or its committee and any other registered society
It shall be referred to the commissioner.”
By an amended plaint dated 30th March, 1990 and filed in the superior court on 26th April, 1990 the appellants sued the respondents in their capacity as chairman, secretary, treasurer, vice-chairman and acting secretary respectively of Naivasha Kikuyu Farmers Co-operative Society Limited and averred in paragraph 3, 4 and 5 of the said plaint that:
“3. The plaintiffs on 29th January, 1983 balloted and were allotted the pl…