[2019] KEHC 3945 (KLR)
The court determined that it was procedurally improper for a single judge to hear and determine an appeal from the Co-operative Tribunal, as such appeals require a panel of two judges due to their finality. Consequently, no judgment could be delivered by a single judge, and the matter must be heard afresh by a...
Source-derived case information.
- Citation
- [2019] KEHC 3945 (KLR)
- Parties
- Appellant: Gitunguri Dairy Farmers Co-operative Society; Respondent: Peter Ng’ang’a Waweru & 22 Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 438 of 2011
- Procedural Posture
- Civil Appeal / Directions Before Judgment
- Outcome
- No judgment delivered; matter to be heard by a panel of two judges.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Appeals From Tribunals, Panel Composition, Judicial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gitunguri Dairy Farmers Co-operative Society
Appellant
Peter Ng’ang’a Waweru & 22 Others
Respondent
Procedural Posture
Civil Appeal / Directions Before Judgment
Legal Issues
- 1 Whether a single judge can hear and determine an appeal from the Co-operative Tribunal to the High Court.
- 2 Whether the appeal should be heard by a panel of two judges as required by law.
Ratio Decidendi
The court determined that it was procedurally improper for a single judge to hear and determine an appeal from the Co-operative Tribunal, as such appeals require a panel of two judges due to their finality. Consequently, no judgment could be delivered by a single judge, and the matter must be heard afresh by a properly constituted bench. The court emphasized the importance of adhering to the correct judicial procedure to ensure the validity of the proceedings and the finality of the judgment.
Court Disposition
No judgment delivered; matter to be heard by a panel of two judges.
Orders
- A panel of two judges shall be nominated to hear and determine the appeal.
- Directions regarding the panel will be given separately.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL APPEAL NO. 438 OF 2011
GITUNGURI DAIRY FARMERS
CO-OPERATIVE SOCIETY............................................APPELLANT
VERSUS
PETER NG’ANG’A WAWERU & 22 OTHERS.........RESPONDENT
DIRECTIONS
This appeal was scheduled for judgment today following orders made at the last appearance in court. Parties had by then filed submissions as directed. However, when I retired to write the judgment, I noted, regrettably, that this is a matter that should have been heard by two judges and therefore, the direction given that a single judge could hear this appeal was misplaced.
An appeal from the Co-operative Tr,ibunal to the High Court results in a final judgment, and that is the reason why a panel of two judges is detailed to hear such appeals. This should have been the case with this appeal. Regrettably therefore, no judgment may be delivered in the circumstances.
This is an old matter and a panel of two judges shall be nominated to hear and determine this appeal expeditiously. Since parties have already filed their respective submissions, I believe this is a matter which may be concluded during this term of our calendar.
On a separate note, I shall be giving directions as to the panel of two judges who shall proceed to determine this matter by way of giving a final judgment.
Dated, signed and delivered at Nairobi this 25th Day of September, 2019.
A.MBOGHOLI MSAGHA
JUDGE