Orokise Sacco Society Limited v Gikuru (Tribunal Case 456 of 2013) [2023] KECPT 741 (KLR) (31 August 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 741
- Citation
- [2023] KECPT 741 (KLR)
- Decided
- 31 August 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent v ApplicantCoramHon. Beatrice Kimemia, Hon. J. Mwatsama, Hon. Beatrice Sawe, Hon. Fridah Lotuiya, Hon. Philip Gichuki, Hon. Michael Chesikaw, Hon. Paul Aol
Holding
The Tribunal has no jurisdiction to grant leave to appeal out of time and the orders are dismissed.
Facts
The Applicant (Gikuru) sought to appeal a ruling from the Cooperative Tribunal, but the law firm representing him had been deregistered before he could file the appeal.
Issues
- Jurisdiction of the Cooperative Tribunal to grant leave to appeal out of time
- Whether the Tribunal can grant a stay of proceedings and stay of execution pending the appeal
Reasoning
The Cooperative Societies Act provides that the High Court is the one to grant any leave to extend the time for Appeal. The Tribunal has no jurisdiction to grant leave to le an appeal out of time.
Outcome
The notice of motion application is dismissed.
Orders
- The notice of motion application dated December 6, 2021 is hereby dismissed.
- The claimant/respondent is awarded the costs of this application.
Authorities cited
Legislation (1)
- Cooperative Societies Act
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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