[2006] KEHC 1928 (KLR)
The court held that the order of stay of execution granted at the leave stage on 11.11.2003 ceased to have any effect after the substantive motion was dismissed on 19.11.2004. As such, the applicants could not rely on that order to claim status as bona fide Management Committee members of the Mumias Outgrowers Sacco...
Source-derived case information.
- Citation
- [2006] KEHC 1928 (KLR)
- Parties
- Applicant: George Dipondo & 8 Others; Respondent: Registrar Co-operative Societies & 2 Others
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- ? 146 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Cancellation of Special General Meeting and Confirmation as Management Committee
- Outcome
- application dismissed with costs
- Legal Topics
- Judicial Review, Certiorari, Stay of Execution, Management Committee Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Dipondo & 8 Others
Applicant
Registrar Co-operative Societies & 2 Others
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Cancellation of Special General Meeting and Confirmation as Management Committee
Legal Issues
- 1 Whether the applicants are entitled to cancellation of the Special General Meeting of Mumias Outgrowers Sacco Society Ltd.
- 2 Whether the applicants should be confirmed as bona fide Management Committee members of the Sacco.
- 3 Whether the order of stay of execution issued at the leave stage remains operative after dismissal of the main motion.
Ratio Decidendi
The court held that the order of stay of execution granted at the leave stage on 11.11.2003 ceased to have any effect after the substantive motion was dismissed on 19.11.2004. As such, the applicants could not rely on that order to claim status as bona fide Management Committee members of the Mumias Outgrowers Sacco Society Ltd. The court further found that the prayer for cancellation of the Special General Meeting was spent, as the date had already passed. Any attempt by the applicants to use the lapsed stay order was deemed an abuse of court process. The application was therefore dismissed with costs, and the applicants were advised that they were at liberty to pursue an appeal against...
Court Disposition
application dismissed with costs
Orders
- The application dated 17/1/05 is dismissed with costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA
Misc Appli 146 of 2003
GEORGE DIPONDO & 8 OTHERS ...................................................................................APPLICANTS
V E R S U S
REGISTRAR CO-OPERATIVE SOCIETIES & 2 OTHERS ....................................RESPONDENTS
R U L I N G
This is a Ruling in respect of the application dated 17. 01. 2005 in which the Applicants, George Dipondo and 8 others sought orders for the cancellation of the Special General Meeting of the Mumias Outgrowers Sacco Society Ltd. and an order for the applicants to be confirmed as the bona fide Management Committee members and a prayer for interpretation of the orders of stay of execution.
On 19. 11. 2004 this court dismissed the Notice of Motion dated 25. 11. 2003 in which the Applicants had sought an order of certiorari to remove into this court and quash the decision contained in the inquiry report referred to as CS/NO.3109/July/August 2003 and proceedings and decision of the Mumias Outgrowers Sacco Society Ltd. of 4. 11. 02 and 15. 11. 2003 and prohibition directed against the Respondents.
When the application dated 17. 01. 2005 came up for hearing on 21. 7.05 the Respondents who had been served were not represented although they had filed a replying affidavit opposing the application. Mr. Fwaya learned counsel for the Applicants urged me to grant the orders sought.
I have carefully perused the application and duly considered the submissions made by Mr. Fwaya. The second prayer in the application is now spent as the date has passed and cannot therefore be granted. With regard to prayer two, this court dismissed on 19. 11. 04 the Notice of Motion dated 25. 11. 03 which had sought to quash the decision in the report referred as CS/No.3109 July/August 2003. The order therefore issued at the leave stage on 11. 11. 2003 that such leave would operate as a stay had no application after the dismissal of the Motion on 19. 11. 04. Consequently the Applicants cannot on that basis purport to be the bona fide members of the Management Committee of MASACCO. An attempt to use or rely on the order made on 11. 11. 2003 would be clearly an abuse of the process of the court. No stay is in place and the Applicants are at liberty to pursue their appeal against the Ruling of this court delivered on 19. 11. 04. The application dated 17/1/05 has no merit and same is hereby dismissed with costs.
Delivered, dated and signed at Kakamega this 7th day of June, 2006.
G. B. M. KARIUKI
J U D G E