judy.legal
Login Register

Kenya Planters Co-operative Union Limited v. Githara Chuchu & 473 other Members of Gititu Coffee Growers Co-operative Society Limited & Gititu Coffee Growers Co-operative Society Limited

(2019) JELR 99990 (CA)

Court of Appeal  •  Civil Appeal 269 of 2014  •  27 Sep 2019  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye

Judgement

JUDGMENT OF THE COURT

The appeal arises from the two inter related Rulings of the High Court of Kenya sitting at Nairobi J.B. Ojwang, J (as he was then) dated 17th February, 20065 and 12th July, 2006.

The background to the appeal, as relevant to the impugned Rulings is that, the 1st respondent took out a Notice of Motion dated 3rd of August, 2004 brought under order L. Rule 1 of the Civil Procedure Rules (CPR) and section 3A of the Civil Procedure Act (CPA), substantively seeking the following orders.

(1) That the Chairman of the Board, or the Managing Director /General Manager and or the Finance Manager of the Kenya Planters Co-Operative Union (2nd defendant) be summoned to court and ordered to tell the court whether the 2nd defendant is still holding Kshs. 13,251,549.95 which belongs to the plaintiffs herein; or (b) whether the 2nd defendant has released the said sum of Kshs. 13,251,549.95 to anyone else.

(2) That the representative of the 2nd defendant as aforesaid, so summoned, be req…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login