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Sacco Societies Regulatory Authority v. Biashara Sacco Society Ltd

(2015) JELR 95114 (CA)

Court of Appeal  •  Civil Appeal 7 of 2013  •  24 Feb 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The respondent filed a Chamber Summons application on 15th September, 2011seeking inter alia:-

  • That the applicant be granted leave to file an application for:-

An order of certiorari to remove into the High Court and quash the decision of the Sacco Societies Regulatory Authority (the appellant) dated 15th August, 2011 in as far as it relates to the applicant.

An order of prohibition forbidding the appellant from demanding Kshs. 136,603.00/= as Sacco Societies levy.

  • That the leave so granted do operate as stay until the determination of the cause.

By an order dated 16th September, 2011 the High Court granted leave to the respondent to file the substantive application.

2. It is imperative that we set out the background of the aforementioned application. The respondent offers savings and credit facilities to its members. On 15th August, 2011 the appellant vide an invoice demanded Kshs. 136,603/= from the respondent as levy for deposits held by the respondent.

3. Mr. …

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