Kipkoech Lagat t/a Kaptarakwa Enterprises v Christopher Salleh & 4 others
The bottom line
#A Kenyan court refused to declare a co-operative society sole owner of land it holds for three other societies, and dismissed its bid to bar a member.
What this practically means
#Executive summary
#Key legal issues
#Whether the 5th Defendant is the sole owner of LR No. Eldoret Municipality Block 7/72
No. The certificate of lease shows the 5th Defendant holds the property for three other co-operative societies, so it cannot be declared sole registered owner.
The court examined the certificate of lease produced as exhibit 1, which showed the 5th Defendant holding the suit property for Chepkorio Farmers', Metkei Farmers' and Kaptarakwa Co-operative Societies. Declaring the 5th Defendant sole owner would exclude those societies which came together under its umbrella. The counter-claim for a declaration of sole ownership therefore failed.
Whether an injunction should issue against the Plaintiff
No. The expulsion of the Plaintiff from the 5th Defendant's membership was not proved to have been done under the correct by-law or to have been validly perfected, so the court could not find he ceased to be a member.
The expulsion was said to be under by-law number 20, but the 2008 by-laws provide for expulsion under clause 21, with a right of appeal at the next society meeting. There was no evidence of an appeal or of the next meeting. The court therefore had no basis to find the Plaintiff was not a member, and no injunction could issue against him.
Legal principles established
#- A registered proprietor holding land on behalf of other societies cannot be declared sole owner to the exclusion of those for whom it holds the property.
- A party asserting expulsion of a co-operative member must prove the expulsion complied with the correct by-law and that appeal rights were available and exhausted; absent such proof, membership is not displaced.
Court orders
#- 1.The Plaintiff's suit was dismissed (for non-attendance at the hearing)
- 2.The 1st and 5th Defendants' counter-claim is dismissed with no order as to costs
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over the suit property (Eldoret Municipality Block 7/72)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kipkoech Lagat t/a Kaptarakwa Enterprises v Christopher Salleh & 4 others", Case Analysis (2023). Environment & Land Case 393 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20646/eng@2023-10-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.