IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: PLATT, GACHUHI and APALOO JJA)
CIVIL APPEAL NO. 27 OF 1986
CHALICHA FARMERS CO-OPERATIVE SOCIETY LIMITED .......APPELLANT
VERSUS
GEORGE ODHIAMBO and 9 OTHERS.................................RESPONDENTS
(Appeal from the High Court at Kakamega, Aganyanya J)
JUDGMENT
The appellant, Chalicha Farmers Co-operative Society Limited, is a cooperative Society consisting of about 150 members. These members had their land compulsorily acquired for Nzoia Sugar Company and were paid compensation by the Government. From their compensation they formed a Co-operative Society which acquired in 1976 farms LR 5775, 8976 and 6687 comprising of 1,513 acres from Settlement Fund Trustee at a cost of Kshs 1,578,800. They occupied it in 1977. When they bought the farm, they found farm employees there. These employees refused to work for the society. At least one of them applied to become a member of the society and paid his fees. The society completed payment for the purchase i…