OBEDI NDUBI & 7 OTHERS v KAMARA FARMER’S CO-OPERATIVE SOCIETY LIMITED [2009] KEHC 1122 (KLR)

Facts

The appellants appealed against the Co-operative Tribunal's decision to strike out their appeal No. 1 of 2003, which was dismissed by the Minister for Co-operative Development on September 4, 2003. The appellants filed a new appeal on March 23, 2004, but the Tribunal ruled that the original appeal was still valid.

Issues

1. Did the appellants comply with the Tribunal's order of March 12, 2004 regarding the filing of an appeal?
2. If the answer to (a) is yes, is the appeal dated March 23, 2004 validly before the court? If yes, what orders should the court make?

Reasoning

The court ruled that the appellants complied with the Tribunal's order and that the appeal was valid. However, the court noted that the Tribunal's ruling on March 12, 2004, was flawed and that a new appeal should have been filed.

Outcome

Appeal dismissed

Authorities cited