[2019] KEHC 1863 (KLR)
The court determined that, in accordance with Section 81 of the Co-operative Societies Act and established judicial practice, appeals from the Co-operative Tribunal to the High Court should be heard by a two-judge bench. The judge therefore directed that a two-judge bench be constituted to hear the appeal, ensuring...
Source-derived case information.
- Citation
- [2019] KEHC 1863 (KLR)
- Parties
- Appellant: Catherine Kutete Lujeno; Respondent: Bungoma Teachers Sacco Society Limited
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Case 9 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Constitution of Bench for Hearing Appeal
- Outcome
- Direction issued for constitution of two-judge bench to hear the appeal.
- Legal Topics
- Appeals From Tribunal, Constitution of Bench, Cooperative Societies Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Kutete Lujeno
Appellant
Bungoma Teachers Sacco Society Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Constitution of Bench for Hearing Appeal
Legal Issues
- 1 Whether the appeal from the Co-operative Tribunal should be heard by a two-judge bench as required by law.
- 2 Whether the court should constitute a two-judge bench for the hearing of the appeal.
Ratio Decidendi
The court determined that, in accordance with Section 81 of the Co-operative Societies Act and established judicial practice, appeals from the Co-operative Tribunal to the High Court should be heard by a two-judge bench. The judge therefore directed that a two-judge bench be constituted to hear the appeal, ensuring compliance with the statutory requirements and proper administration of justice.
Court Disposition
Direction issued for constitution of two-judge bench to hear the appeal.
Orders
- A two-judge bench shall be constituted to hear this appeal.
- Mention on 11.2.2020 for directions on hearing date.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUNGOMA.
CIVIL CASE NO. OF 9 OF 2017
CATHERINE KUTETE LUJENO.......................APPELLANT
VERSUS.
BUNGOMA TEACHERS SACCO
SOCIETY LIMITED............................................REPONDENT
RULING.
This is an appeal from the decision of the Co-operative Tribunal sitting in Eldoret in Tribunal Cause No. 9 of 2008; delivered on 21. 3.2017. This is an appeal to this court pursuant to Section 81 of the Co-operative Societies Act. Section 81 of the Act provides;
(1) Any party to the proceedings before the Tribunal who is aggrieved by any order of the Tribunal may, within thirty days of such order, appeal against such order to the High Court:
Provided that the High Court may, where it is satisfied that there is sufficient reasons for so doing, extend the said period of thirty days upon such conditions, if any, as it may think fit.
(2) Upon the hearing of an appeal under this section, the High Court may –
(a) Confirm, set aside or vary the order in question;
(b) Remit the proceedings to the Tribunal with such instructions for further consideration, report, proceedings or evidence as the court may deem fit to give;
(c) Exercise any of the powers which could have been exercised by the Tribunal in the proceedings in connection with which the appeal is brought; or
(d) Make such other order as it may deem just, including an order as to costs of the appeal or of earlier proceedings in the matter before the Tribunal.
(3) The decision of the High Court on any appeal shall be final.
The decision of the High court in the appeal is final, the appeal should normally be heard by two bench court. For this reason, I direct that a 2 bench Judge court be constituted to hear this appeal.
Dated at Bungoma this 26th day of November, 2019.
Court:-Mention on 11. 2.2020 for directions on Hearing date.
S.N. RIECHI
JUDGE.