[2022] KECA 1000 (KLR)
The application for extension of time was withdrawn at the request of the applicant after the respondent raised a preliminary objection on the ground that the Court of Appeal lacked jurisdiction under section 81 of the Co-operative Societies Act. The court marked the application as withdrawn with costs to the...
Source-derived case information.
- Citation
- [2022] KECA 1000 (KLR)
- Parties
- Applicant: Invest and Grow Sacco Limited; Respondent: Wycliff Shivachi Amudavi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E283 of 2022
- Procedural Posture
- Civil Application / Withdrawal of Application
- Outcome
- application withdrawn with costs to the respondent
- Judges
- DK Musinga
- Legal Topics
- Extension of Time, Withdrawal of Application, Jurisdictional Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Invest and Grow Sacco Limited
Applicant
Wycliff Shivachi Amudavi
Respondent
Procedural Posture
Civil Application / Withdrawal of Application
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to hear an application for extension of time to appeal under section 81 of the Co-operative Societies Act.
- 2 Whether the applicant's application for extension of time should be withdrawn in light of the respondent's preliminary objection.
Ratio Decidendi
The application for extension of time was withdrawn at the request of the applicant after the respondent raised a preliminary objection on the ground that the Court of Appeal lacked jurisdiction under section 81 of the Co-operative Societies Act. The court marked the application as withdrawn with costs to the respondent, recognizing that it could not proceed to determine the application in the face of a credible jurisdictional challenge.
Court Disposition
application withdrawn with costs to the respondent
Orders
- The applicant's application dated August 3, 2022 for extension of time to file an appeal out of time is marked as withdrawn with costs to the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
Invest and Grow Sacco Limited v Amudavi (Civil Application E283 of 2022) [2022] KECA 1000 (KLR) (23 September 2022) (Order)
Neutral citation: [2022] KECA 1000 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Application E283 of 2022
DK Musinga, JA
September 23, 2022
Between
Invest and Grow Sacco Limited
Applicant
and
Wycliff Shivachi Amudavi
Respondent
(Being an application for withdrawal of the applicant’s application No. E283 of 2022 dated 3rd August 2022)
Order
1. The applicant’s application dated August 3, 2022 for extension of time to file an appeal out of time is hereby marked as withdrawn with costs to the respondent, pursuant to the applicant’s request dated September 7, 2022 that was prompted by the respondent’s notice of preliminary objection to the effect that this Court lacks jurisdiction to hear and determine the application by virtue of section 81 of the Co-operative Societies Act.
MADE AND DATED AT NAIROBI THIS 23RD DAY OF SEPTEMBER, 2022. D. K. MUSINGA, (P)............................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR