Thomas Akinyi Apela v Lolwe Cooperative Society [2020] KEELC 2932 (KLR)
The bottom line
#The Environment and Land Court dismissed a plot owner's appeal because it was filed over a year late, past the 30-day legal deadline.
What this practically means
#Executive summary
#Key legal issues
#Whether the appeal was filed within the statutory 30-day period
The appeal filed on 18/6/2016, more than one year after the Tribunal's decision of 8/6/2015, was out of time with no extension obtained
Section 81(1) of the Co-operative Societies Act allows an aggrieved party 30 days to appeal, with the court empowered to extend the period only upon sufficient reason. No extension was sought or granted, and the appeal was lodged more than a year late. The court noted this ground alone could determine the appeal instantly but proceeded to address the other issues raised.
Whether the Tribunal had jurisdiction over the dispute
The Tribunal had jurisdiction because the appellant was a member of the society and the dispute concerned its business
Section 76 of the Co-operative Societies Act mandates referral to the Tribunal of disputes concerning the business of a co-operative society arising among members, past members and persons claiming through them, or between such members and the society. Since the appellant was a member, he had the right to claim before the Tribunal; the ground of lack of jurisdiction failed.
Whether the appellant proved ownership of plots 509 and 510
The appellant did not prove ownership: he failed to file Form C as required by the AGM resolution for plot 509, and produced no sale agreement or share certificate for plot 510
For plot 509, the AGM of the society resolved that members file Form C to authenticate ownership following discovery of fraud and loss of records; the resolution bound the appellant and his non-compliance meant he failed to prove ownership, entitlement lying only in a refund. For plot 510, he neither produced a sale agreement nor a share certificate from Joash Obong'o Obong'o, so ownership could not be found. The Tribunal's findings were upheld.
Legal principles established
#- An appeal from the Cooperative Tribunal must be filed within thirty days of the order appealed against, and non-compliance renders the appeal fatally out of time.
- Members, past members and persons claiming through them have a right to refer disputes concerning the business of a co-operative society to the Tribunal under Section 76.
Court orders
#- 1.The appeal is dismissed with costs
- On appeal from
- Cooperative Tribunal
- Cooperative Tribunal Case No. 36 of 2011
- Jurisdiction invoked
- Section 81 of the Co-operative Societies Act (appeal from the Cooperative Tribunal to the High Court, sitting as the Environment and Land Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thomas Akinyi Apela v Lolwe Cooperative Society [2020] KEELC 2932 (KLR)", Case Analysis (2020). ELCA Case No. 1 of 2018 (Formerly HCCA No. 60 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2932/eng@2020-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.