Keekonyokie Farmers Co-Op Society Ltd v . Peter Mositet & 18 others [2014] KEELC 51 (KLR)
The bottom line
#A Kenyan court struck out a co-operative society's land suit because the society's registration had been cancelled, meaning it no longer legally existed.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objections were competent notwithstanding that no defence had been filed
Technical objections may be raised independently of pleadings under Order 2 Rule 14 of the Civil Procedure Rules
The Plaintiff argued the objections were unsustainable because not premised on pleadings. The court held that Order 2 Rule 14 forbids technical objections based on want of form, meaning such objections may be raised against any pleading provided they do not attack form. It further adopted the Mukisa Biscuit definition: a preliminary objection raises a pure point of law on assumed pleaded facts and cannot stand where facts must be ascertained or discretion exercised.
Whether the liquidation order in Gazette Notice No. 11916 deprived the Plaintiff of capacity to sue
Yes; the Plaintiff ceased to exist as a corporate body and its property vested in the liquidator
The Plaintiff was a body corporate under section 12 of the Co-operative Societies Act, whose charter of incorporation was that Act. The unchallenged Gazette Notice No. 11916 of 6th August 2013 cancelled its registration and appointed a liquidator. By sections 63 and 65, the society ceased to exist as a corporate body and all its property vested in the liquidator, leaving the Plaintiff no capacity to hold property, contract or sue over the suit property.
Legal principles established
#- A preliminary objection raises a pure point of law and cannot be raised if any fact has to be ascertained or where judicial discretion is sought
- Upon cancellation of registration under the Co-operative Societies Act, a society ceases to exist as a corporate body and its property vests in the liquidator
- Technical objections may be raised independent of any pleading so long as they do not attack the form of a pleading
Court orders
#- 1.The Defendants' preliminary objections dated 23rd July 2014 are upheld
- 2.The Plaintiff's suit and application both dated 14th July 2014 are struck out
- 3.The Plaintiff shall meet the costs of the suit and application and of the preliminary objections
- Jurisdiction invoked
- Original civil jurisdiction over land claims; Co-operative Societies Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Keekonyokie Farmers Co-Op Society Ltd v . Peter Mositet & 18 others [2014] KEELC 51 (KLR)", Case Analysis (2014). Not stated in extract (Plaint dated 14th July 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/51/eng@2014-12-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.