Stanley Kinoti & 15 others v Simon Gitobu Ithiria & another [2017] KEHC 1145 (KLR)
- Court
- High Court of Kenya
- Case number
- 1145
- Citation
- [2017] KEHC 1145 (KLR)
The High Court has appellate jurisdiction over Co-operative Societies Tribunal matters. The Tribunal's award is enforceable as a decree of the court.
Facts
Claimants sought transfer of Co-operative Tribunal cause No.38 of 2005 to Meru High Court due to lack of jurisdiction at the Tribunal. The Tribunal had dismissed the claimants' case on 13th April 2010 for want of appearance. The claimants argued that the Tribunal lacked jurisdiction due to legal issues and that the award was clear.
Issues
- Jurisdiction of the High Court in Co-operative Societies Tribunal matters
- Execution of Co-operative Societies Tribunal awards
Reasoning
The court found that the High Court has appellate jurisdiction over Co-operative Societies Tribunal matters. The claimants' application was allowed to proceed, but the court ordered the Tribunal to provide certified copies of the proceedings and award for cause No.38 of 2005.
Outcome
Application allowed
Orders
- Chairman Co-operative Societies Tribunal to provide certified copies of proceedings and award in cause No.38 of 2005
Remedies
- Enforcement of Co-operative Societies Tribunal award
Authorities cited
Legislation (2)
- Co-operative Societies Act 2012
- Co-operative Societies Act 1966
Loading judgment…