Maseno University Sacco Society Limited v Olendo (Tribunal Case 269 of 2019) [2023] KECPT 446 (KLR) (27 April 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 446
- Citation
- [2023] KECPT 446 (KLR)
- Decided
- 27 April 2023
The Cooperative Tribunal's decision to stay further proceedings is dismissed as the Appeal has been dismissed and the Tribunal is functus ocio. The Cooperative Tribunal's decision to strike out the Respondent's statement of defence and enter summary judgment is also dismissed.
Facts
The Respondent was surcharged by the Commissioner for Cooperative Development and appealed to the Cooperative Tribunal (CTA) and the High Court (HCCA). The Respondent also filed a statement of defence and a counter-claim in the Cooperative Tribunal.
Issues
- Whether the Cooperative Tribunal's decision to stay further proceedings is discretionary and in the interest of justice.
- Whether the Cooperative Tribunal's decision to strike out the Respondent's statement of defence and enter summary judgment is appropriate.
Reasoning
The Tribunal dismissed the Appeal of the Respondent in the Surcharge matter and the Respondent appealed to the High Court. The dismissal of the Appeal brings into functions the operations of Section 75 of the Cooperative Societies Act. The Tribunal is functus ocio in terms of rendering a decision in the Surcharge Appeal.
Outcome
Both applications are dismissed.
Orders
- The Application dated September 25, 2021 is dismissed.
- The Application dated August 24, 2021 is dismissed.
Authorities cited
Legislation (2)
- Cooperative Societies Act
- Cooperative Tribunal Act
Cases cited (5)
- Christopher Mutuku & another v CFC Stanbic Bank Limited
- Benson Khwatenge Wafula v DPP
- Michael Njai v Juan Torres and Another
- Kenya Wildlife Service v James Mutembei
- Nyabomite case(supra)
Loading judgment…