[2005] KEHC 2598 (KLR)
The High Court determined that Section 81(1) of the Co-operative Societies Act expressly provides that only the High Court may extend the time for filing an appeal from the Co-operative Tribunal, upon being satisfied that there is sufficient reason. The purported extension of time granted by the Tribunal was made...
Source-derived case information.
- Citation
- [2005] KEHC 2598 (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
- Judges
- ARM Visram
- Legal Topics
- Appeal Out of Time, Jurisdiction of High Court, Cooperative Societies Act, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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.
- 3 Whether the appeal filed out of time without leave of the High Court is competent.
Ratio Decidendi
The High Court determined that Section 81(1) of the Co-operative Societies Act expressly provides that only the High Court may extend the time for filing an appeal from the Co-operative Tribunal, upon being satisfied that there is sufficient reason. The purported extension of time granted by the Tribunal was made without jurisdiction and is therefore a nullity. Since the appeal was filed out of time without leave of the High Court, it is incompetent and must be struck out. The court emphasized that statutory provisions conferring jurisdiction must be strictly construed and cannot be expanded by orders of a tribunal lacking such authority.
Court Disposition
appeal struck out
Orders
- The appeal is struck out with costs to the respondent.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL APPEAL 1081 OF 2004
KENYA POLICE STAFF SAVINGS AND
CREDIT CO-OPERATIVE SOCIETY LTD …....……….… APPELLANT
VERSUS
PETERO MUGO KIMEREH …………..……...………… RESPONDENT
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