[1999] KECA 120 (KLR)
The Court of Appeal held that it lacked jurisdiction to entertain appeals from the High Court in disputes arising under the Co-operative Societies Act. The statutory framework under Cap 490 provides that such disputes are to be resolved by the Commissioner of Co-operatives, with a right of appeal only to the High...
Source-derived case information.
- Citation
- [1999] KECA 120 (KLR)
- Parties
- Appellant: John Githinji Wangondu; Appellant: Kariuki Kiboi; Respondent: Othaya Farmers Co-operative Society Limited; Respondent: The Commissioner of Co-operative Developments
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 261 of 1998
- Procedural Posture
- Civil Appeal / Appeal From High Court Ruling
- Outcome
- Appeal struck out for want of jurisdiction.
- Legal Topics
- Cooperative Societies, Appellate Jurisdiction, Statutory Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Githinji Wangondu
Appellant
Kariuki Kiboi
Appellant
Othaya Farmers Co-operative Society Limited
Respondent
The Commissioner of Co-operative Developments
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Ruling
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to hear appeals from the High Court in disputes arising under the Co-operative Societies Act.
- 2 Whether the procedure set out in the Co-operative Societies Act was followed.
Ratio Decidendi
The Court of Appeal held that it lacked jurisdiction to entertain appeals from the High Court in disputes arising under the Co-operative Societies Act. The statutory framework under Cap 490 provides that such disputes are to be resolved by the Commissioner of Co-operatives, with a right of appeal only to the High Court. Section 81(2) of the Act expressly precludes any further appeal to the Court of Appeal. As the High Court's jurisdiction is limited to appellate review of the Commissioner's decisions, and no further appeal is permitted, the present appeal was incompetent and had to be struck out.
Court Disposition
Appeal struck out for want of jurisdiction.
Orders
- The appeal is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, OMOLO & TUNOI, JJ.A. CIVIL APPEAL NO. 261 OF 1998 BETWEEN
JOHN GITHINJI WANGONDU KARIUKI KIBOI ........................................APPELLANTS AND OTHAYA FARMERS CO-OPERATIVE SOCIETY LIMITED THE COMMISSIONER OF CO-OPERATIVE DEVELOPMENTS ........RESPONDENTS
(An appeal from a ruling of the High Court of Kenya at Nyeri (Osiemo J) dated 17th April, 1997
in
H.C.C.S. NO. 511 OF 1997)
RULING OF THE COURT
This was clearly a dispute under the Co-operative Societies Act. That Act sets out the procedure for settling disputes which may arise under the it. Disputes are to be settled through the Commissioner of Co-operatives, and the decisions of the Commissioner are appealable to the High Court. So the High Court has only appellate powers and there is no provision for instituting suits in the High Court -
under the provisions of Cap 490. There is no further right of appeal from the decision of the High Court to this Court. That is what section 81 (1) and (2) of Cap 490 says. This appeal is accordingly incompetent and we order that it be and is hereby struck out but we make no order as to the costs thereof.
Dated and delivered at Nairobi this 14th day of April, 1999.
R. O. KWACH
---------------
JUDGE OF APPEAL
R. S. C. OMOLO ---------------
JUDGE OF APPEAL
A. A. LAKHA
---------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR