[2005] KEHC 2592 (KLR)
The High Court held that the appeal was filed out of time without leave of the court as required by Section 81(1) of the Co-operative Societies Act. The purported extension of time by the Co-operative Tribunal was made without jurisdiction, as only the High Court is empowered to grant such extension. Consequently,...
Source-derived case information.
- Citation
- [2005] KEHC 2592 (KLR)
- Parties
- Appellant: Kenya Police Staff Savings and Credit Co-operative Society Ltd; Respondent: Petero Mugo Kimereh
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 1081 of 2004
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appeal Out of Time, Jurisdiction of High Court, Cooperative Societies Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Police Staff Savings and Credit Co-operative Society Ltd
Appellant
Petero Mugo Kimereh
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to extend time for filing an appeal from the Co-operative Tribunal.
- 2 Whether leave granted by the Co-operative Tribunal to appeal out of time is valid.
Ratio Decidendi
The High Court held that the appeal was filed out of time without leave of the court as required by Section 81(1) of the Co-operative Societies Act. The purported extension of time by the Co-operative Tribunal was made without jurisdiction, as only the High Court is empowered to grant such extension. Consequently, the appeal was incompetently before the court and was struck out with costs to the respondent.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out with costs to the respondent.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI Civil Appeal 1081 of 2004KENYA POLICE STAFF SAVINGS AND CREDIT CO-OPERATIVE SOCIETY LTD ………….… APPELLANT VERSUS PETERO MUGO KIMEREH …………..……………… RESPONDENT
(An Appeal from the Judgment/Award of S. N. Mbugi, Deputy Chairman in Nairobi Co-operative Tribunal Suit No 243 of 2004 delivered on 29th September, 2004).
JUDGMENT Section 81 (1) of the Co-operative Societies Act, No 12 of 1997, (hereinafter “the Act”) states as follows: “81 (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 reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think fit”. This appeal is against the Order of the Co-operative Tribunal made the 29th September, 2004. The time limit for filing this appeal expired on 28th October, 2004. It is not in dispute that it was filed late, without leave of this Court, as required by the proviso to Section 81 (1) of the Act. On that ground alone, this appeal must fail. Mr Tongoi, Counsel for the Appellant submitted before this Court that by an Order dated 8th December, 2004 the Co-operative Tribunal had granted the Appellant leave to appeal out of time. This followed an ex parte application made to it by the Appellant.
However, in view of the clear and unambiguous provisions of the law, it is only the High Court, and not the Co-operative Tribunal, that can extend the time for filing appeal “where it is satisfied that there is sufficient reason for so doing”.The Order of the Tribunal dated 8th December, 2004 extending the time for filing appeal is of no consequence, and was made without jurisdiction.
Accordingly, this appeal is incompetently before this Court, and is hereby struck out with costs to the Respondent.
Dated and delivered at Nairobi this 13th day of June, 2005.
ALNASHIR VISRAM JUDGE