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Nanyuki Equator Sacco Co-operative Society Limited v. Nyeri Sacco Society & Chairman the Co-operative Tribunal

(2006) JELR 98606 (CA)

Court of Appeal  •  Civil Appli 8 of 2005  •  17 Nov 2006  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Erastus Mwaniki Githinji



This is a reference to the full Court under Rule 54 (1) (b) of the Court of Appeal Rules (Rules) from the ruling of a single Judge (Deverell, J.A.) dated 17th June, 2005 allowing an application under Rule 4 of the Rules for the extension of time for filing and serving a notice of appeal. The applicant, Nanyuki Equator Sacco Co-operative Society Limited (Nanyuki Sacco) had also sought extension of time for filing and serving the record of appeal. However by the time the application was filed the time limited by Rule 81 of the Rules had not expired and Deverell JA merely ordered, correctly, in our view, that the appeal should be instituted within the time limit set in Rule 81 of the Rules.

The Nanyuki Sacco intends to appeal against the judgment of the superior court (Mohamed Ibrahim J) dated 22nd February, 2005 in which the superior court allowed the application for judicial review brought by Nyeri Sacco Society (Nyeri Sacco) to quash the decision of the Co-operative …

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