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Kagaari South Farmers Co-operative Society Limited & 4 others v. Bernard Mugo & 5 others

(2021) JELR 100293 (CA)

Court of Appeal  •  Civil Application 52 of 2016  •  19 Feb 2021  •  Kenya

Coram
Roselyn Naliaka Nambuye, William Ouko, Sankale ole Kantai

Judgement

RULING OF THE COURT

In the Motion dated 5th August, 2016 the applicants pray for an injunction to restrain the respondents from enforcing the ruling of the High Court of Kenya sitting at Embu made on 25th July, 2016 pending hearing and determination of an intended appeal. The applicants further pray that proceedings in Embu HCCC No. 4 of 2015 and the execution of the said ruling be stayed pending the hearing and determination of the intended appeal. In grounds in support of the Motion and in a supporting affidavit of James Namu Njeru, the Chairman of the 1st applicant (Kagaari South Farmers Co-operative Society Limited) it is said, inter alia, that the applicants had raised a jurisdictional issue before the Judge of the High Court on whether that Court had jurisdiction in a dispute involving members of a cooperative society; that a ruling on that issue was slated for 2nd June, 2015 but was delivered on 1st July, 2015 in the absence of the applicants; that the Judge assumed jurisdiction…

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