Republic v Registrar of Co-operative Society & another Ex-Parte Ephantus Mvuria Kwenja & 8 others [2005] KEHC 970 (KLR)
- Court
- High Court of Kenya
- Case number
- 970
- Citation
- [2005] KEHC 970 (KLR)
- Decided
- 25 July 2005
The preliminary objections are upheld, and the judicial review application is struck out with costs to the 2nd respondent.
Facts
The Registrar of Co-operative Societies appointed inquiry officers to investigate Gakundu Farmers Co-operative Society due to complaints from members. The inquiry officers reported and recommended surcharging committee members and staff, and the members elected new officers. The applicants filed a judicial review application seeking to prohibit the implementation of the inquiry report and quash the election of new officers.
Issues
- Preliminary objection to the ex parte application
- Format of the pleadings
Reasoning
The applicants' amendments to the pleadings were not in accordance with the Civil Procedure Rules, and the original documents filed in December 2003 do not comply with the requirements of Order 53 Civil Procedure Rules.
Outcome
Struck out
Orders
- Struck out the judicial review application
- Costs to the 2nd respondent
- 1st respondent to bear their own costs
Authorities cited
Legislation (2)
- Co-operative Societies Act No. 12 of 1997
- Law Reform Act Cap 26 Section 8 and 9
Cases cited (1)
- Mukisa Biscuit Co. v West End Distributers 1969 EA 699
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