STEPHEN OGAMBA & 2 OTHERS V. ATTORNEY GENERAL & 2 OTHERS

JUDGMENT OF THE COURT

This is an appeal from the Ruling of the High Court (Tanui, J) dated 11^th July 2005 whereby the appellants’ suit was struck out on the ground that it was barred by limitation.

On 17^th March, 2005, the appellants filed a suit in the High Court at Kisii against the two defendants (now the two respondents herein). The appellants averred in the plaint inter alia, that they were chief delegates of Gusii Farmers Rural Sacco Society Ltd (Society) until they were ousted by a rival group; that by a special delegates meeting held on 17^th March 2004 chaired by the Provincial Co-operative Officer at the instance of 2^nd respondent all the plaintiffs were exonerated from the allegations contained in the Inquiry Report dated 4^th December 2003 made by the 2^nd respondent’s representative; that by a notice in writing

dated 8^th December 2004 the plaintiffs asked the 2^nd respondent to comply with the findings of 17^th March 2004 by giving a written statement but the 2^nd respondent had r…