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Mek Sacco Limited v. County Co-operative Officer- Kisumu,Sub-Commissioner of Co-operatives, Attorney General & Edwin Kisia Metabel Opiyo Josephat Kola, Peter Oluoch Benter

(2019) JELR 99153 (CA)

Court of Appeal  •  Civil Appeal 47 of 2016  •  28 Mar 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Background

[1] This is an appeal by Mek Sacco Limited (the appellant) against the order of the High Court (Chemitei, J) dated 20th April, 2016 which allowed the application dated 5th February, 2016 filed by Edwin Kisia, Metabel Opiyo, Josephat Kola and Peter Oluoch Benter, (the 4th respondents) as interested parties seeking to be enjoined in the suit filed by the appellant in Misc. Civil Application (JR) No. 11 of 2015 and vacated consent orders of 8th December, 2015.

[2] A brief background to the appeal is that Samson Chilo Omondi (Samson), Chrispine Otieno Pudo (Chrispine), Margaret Awuor Odhiambo (Margaret) and Francis Ochieng Osure (Francis) were the officials of the appellant until 11th July, 2015 when the 4th respondent with the assistance of the County Co-operative Officer, Kisumu (the 1st respondent) convened a Special General Meeting. The appellant is established under the Co-operative Societies Act. The Sub Commissioner of Co-operatives is the 2nd responde…

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