[2022] KEHC 1600 (KLR)
The court found that there was no legal or factual basis to require the constitution of a bench of more than one Judge to hear the appeal. The arguments advanced by the appellant regarding enhancement of jurisprudence and broad interpretation of the Cooperative Societies Act did not demonstrate any exceptional...
Source-derived case information.
- Citation
- [2022] KEHC 1600 (KLR)
- Parties
- Appellant: Migori Teachers Co-operative Savings & Credit Society Ltd; Respondent: MSL Savings & Credit Co-operative Society Ltd; Interested Party: Co-opholdings Co-operative Society Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 134 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Application for Constitution of a Bench
- Outcome
- application dismissed
- Judges
- JK Sergon
- Legal Topics
- Constitution of Bench, Cooperative Societies Act Interpretation, Final Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Migori Teachers Co-operative Savings & Credit Society Ltd
Appellant
MSL Savings & Credit Co-operative Society Ltd
Respondent
Co-opholdings Co-operative Society Ltd
Interested Party
Procedural Posture
Civil Appeal / Ruling on Application for Constitution of a Bench
Legal Issues
- 1 Whether the appeal should be heard by a bench of more than one Judge.
- 2 Whether a single Judge can adequately determine the appeal and enhance jurisprudence in cooperative matters.
Ratio Decidendi
The court found that there was no legal or factual basis to require the constitution of a bench of more than one Judge to hear the appeal. The arguments advanced by the appellant regarding enhancement of jurisprudence and broad interpretation of the Cooperative Societies Act did not demonstrate any exceptional circumstances or legal requirement for a multi-Judge bench. The court held that a single Judge is competent to hear and determine the appeal and can adequately address the issues raised. Consequently, the application to constitute a bench of at least two Judges was dismissed.
Court Disposition
application dismissed
Orders
- The appellant's motion dated 7th February 2022 is dismissed with costs abiding the outcome of the appeal.
- The appeal to proceed for hearing before a single Judge.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL APPEAL NO. 134 OF 2020
MIGORI TEACHERS CO-OPERATIVE SAVINGS & CREDIT SOCIETY LTD........APPELLANT
-VERSUS-
MSL SAVINGS & CREDIT CO-OPERATIVE SOCIETY LTD...................................RESPONDENT
CO-OPHOLIDINGS CO-OPERATIVE SOCIETY LTD..................................INTERESTED PARTY
RULING
1. The appellant herein took out the motion dated 7th February2022 whereof it sought for an order for the presiding Judge to appoint a bench of minimum two Judges to hear the appeal. The motion is supported by the affidavit sworn by Tom Magutu Getange, the appellant’s advocate. The motion was served but did not elicit any responses therefore this court considered the application as unopposed.
2. I have considered the grounds stated on the face of the motionplus the facts deponed in the supporting affidavit. It is the submission of the appellant that since this court is the final appellate court it is entitled to have the appeal heard and determined by a bench of more than a single Judge. It is argued that a bench of more than one Judge will enhance the jurisprudence on cooperative matters which will put to rest similar matters pending before the Cooperative Tribunal.
3. The appellant further pointed out that a bench of more thanone Judge will determine all the issues raised on appeal with finality and further establish the roles of the commission for cooperatives as a regulator of the cooperative movement.
4. It is also argued that such a bench will give a broadinterpretation of the Cooperative Societies Act and the rules therein and the bylaws of the appellant society.
5. Having considered the arguments put forward by the appellantin support of the application, I am convinced that a single Judge can competently hear and determine the appeal and still enhance jurisprudence upon properly applying his mind to the issues raised on appeal.
6. I am also convinced that a single Judge will be able to give abroad interpretation on the roles of the commissioner for cooperatives as a regulator and to further give a broad interpretation of the Cooperative Societies Act.
7. In the end, I find no merit in the appellant’s motion dated 7thFebruary 2022. The same is ordered dismissed with costs abiding the outcome of the appeal. The appeal to proceed for hearing before a single Judge.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 11TH DAY OF MARCH, 2022
...........................
J. K. SERGON
JUDGE
In the presence of:
....................................... for the Appellant
.................................... for the Respondent