Wahiu & 7 others v Magereza Savings and Credit Cooperative Society Limited (Civil Appeal (Application) 98 of 2019) [2024] KECA 430 (KLR) (26 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 430
- Citation
- [2024] KECA 430 (KLR)
- Decided
- 26 April 2024
AI Summary
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TypeCivil Appeal (Application)PostureApplication to strike out notice of appeal and record of appealCoramJUDGE OF APPEAL, S. GATEMBU KAIRU, JUDGE OF APPEAL, F. TUIYOTT, JUDGE OF APPEAL, J. LESIIT
Holding
The application to strike out the notice of appeal and record of appeal is dismissed with costs to the appellants. The Court will hear the appeal and address the competence of the appeal.
Facts
The appellants filed a Notice of Appeal and Memorandum and Record of Appeal against a judgment of the High Court in an appeal from a decision of the Co-operative Tribunal. The respondent moved the Court to strike out these documents.
Issues
- Whether the Court has jurisdiction to entertain the appeal
- Whether the application to strike out the notice of appeal and record of appeal was made within the prescribed time
Reasoning
The Court found that the application was made outside the stipulated thirty-day period and dismissed it. The Court will allow the parties to address the competence of the appeal during the hearing.
Outcome
Application dismissed with costs
Orders
- Application to strike out the notice of appeal and record of appeal is dismissed with costs to the appellants
Authorities cited
Legislation (2)
- Co-operative Societies Act
- Court of Appeal Rules
Cases cited (2)
- Joyce Bochere Nyamweya vs. Jemima Nyaboke Nyamweya & Another [2016] eKLR
- Gichuki King'ara & Co Advocates v AL Jalal Enterprises Ltd & Others, Civil Appl. No. NAI 211 of 2012 (unreported)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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