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NDIMO FARMERS CO-OPERATIVE SOCIETY LIMITED v. SAMUEL WACHIRA & OTHERS

(1998) JELR 98684 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 290 OF 1997  •  8 Jul 1998  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

We are of the very clear view that this appeal must be allowed. Someone called Samuel Wachira who alleged he was acting on behalf of members of Ndimo Farmers Co-operative Society Limited applied to the High Court under the provisions of Order 53 for orders of the prohibition and mandamus against the Commissioner of Co-operative Development. The orders sought were that:

(1)an order of mandamus to compel the Commissioner of Co-operative Development to implement certain recommendations in an inquiry report which had been made in 1982;

(2)an order of prohibition be issued to stop the same Commissioner from sub-dividing some land owned by Ndimo Farmers Co-operative Society;

(3)an order that voting or balloting so far done [by Ndimo] or to be done were null and void;

(4)an order that the Commissioner be directed to supervise fresh balloting and voting in accordance with the inquiry report;

(5)an order that the management committee do give account of the Society since 1978.

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