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STEPHEN OGAMBA & 2 others v. ATTORNEY GENERAL & 2 others

(2012) JELR 93779 (CA)

Court of Appeal  •  Civil Appeal 243 of 2005  •  22 Mar 2012  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

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

On 17th 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 17th March 2004 chaired by the Provincial Co-operative Officer at the instance of 2nd respondent all the plaintiffs were exonerated from the allegations contained in the Inquiry Report dated 4th December 2003 made by the 2nd respondent’s representative; that by a notice in writing

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

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