SAMURU GITUTO FARMERS CO-OPERATIVE SOCIETY LIMITED V. CHIEF MAGISTRATE'S COURT AT THIKA, REGISTRAR OF TITLES, ATTORNEY GENERAL, JOHN MBAU, MONICA WAMBUI, JOSEPH KARUMBA, HANNAH MARUGU, SIMON NGUGI KAMAU, PAUL WANYOIKE, JOAN NJERI, BONIFACE MWANA, FRANCIS MAINA, COMMISSIONER OF CO-OPERATIVE DEVELOPMENT, FRANCIS NDUNG'U MWAURA, PETER NDUATI MBUA & SIMON NGURE KING'U
(2019) JELR 93317 (CA)
Court of Appeal
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Civil Appeal 300 of 2010
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22 Mar 2019
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Kenya
Coram
Philip Nyamu Waki, Daniel Kiio Musinga, James Otieno Odek
Judgement
<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. This is yet another conundrum precipitated by persons masquerading as leaders of Co-operative Societies and land-buying companies, in the process causing considerable pain and hardship to humble and poor <em>wananchi</em>, whose only sin was to get together and pool their meagre resources to buy and share land. Invariably, the motivating factor for the leadership squabbles is the greed for power and influence, or simply put, corruption. Sadly, in this unholy mix are lawyers who are expected to assist the parties and shed light on the law but instead end up complicating matters even further.</p><p class="ql-align-justify">2. This time round it is Samuru Gituto Farmers Co-operative Society Ltd (the Society) which is embroiled in squabbles. From the record of appeal and additional evidence allowed by this Court on 1<sup>st</sup> July, 2016, the factual matrix of the case emerges and may be stated briefly.</p><p class="ql-align-justify">3. The society is said to have more than 4,500 members. It owned in excess of 500 Acres of LR NO.10743 situate iā¦</p>