[2022] KECPT 183 (KLR)
The tribunal found that the application for joinder of interested parties was without merit because the case had already been heard and determined, leaving no subject matter for further trial. The intended interested parties failed to demonstrate what unique interest or contribution they would bring to the...
Source-derived case information.
- Citation
- [2022] KECPT 183 (KLR)
- Parties
- Applicant: Hosea Bormao Chemweno & another; Respondent: Raymond Kipkorir & 2 others; Interested Party: Titus Kipsoi & 2 others
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 316 of 2019
- Procedural Posture
- Tribunal Application / Ruling on Joinder Application and Compliance With Prior Orders
- Outcome
- application dismissed with prejudice; compliance with prior orders required
- Judges
- M Mwatsama, B. Akusala, P. Gichuki
- Legal Topics
- Joinder of Parties, Compliance With Tribunal Orders, Dismissal With Prejudice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hosea Bormao Chemweno & another
Applicant
Raymond Kipkorir & 2 others
Respondent
Titus Kipsoi & 2 others
Interested Party
Procedural Posture
Tribunal Application / Ruling on Joinder Application and Compliance With Prior Orders
Legal Issues
- 1 Whether the application for joinder of interested parties at this stage is merited.
- 2 Whether the parties have complied with the tribunal's earlier orders issued on November 25, 2021.
Ratio Decidendi
The tribunal found that the application for joinder of interested parties was without merit because the case had already been heard and determined, leaving no subject matter for further trial. The intended interested parties failed to demonstrate what unique interest or contribution they would bring to the proceedings at this stage. The tribunal emphasized that procedures for joinder require the applicant to show both an interest and that such interest remains unaddressed, which was not established here. Furthermore, the tribunal reiterated that its orders, specifically those issued on November 25, 2021, are binding and must be complied with by all parties. The application was therefore...
Court Disposition
application dismissed with prejudice; compliance with prior orders required
Orders
- The application dated 03/2/2022 is dismissed with prejudice.
- The parties are to comply with earlier orders issued by the tribunal on November 25, 2021.
Full Case Text
Judgment text and source record
22 paragraphs
Chemweno & another v Kipkorir & 2 others; Kipsoi & 2 others (Interested Parties) (Tribunal Case 316 of 2019) [2022] KECPT 183 (KLR) (7 February 2022) (Ruling)
Neutral citation: [2022] KECPT 183 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 316 of 2019
M Mwatsama, Vice Chair, B. Akusala & P. Gichuki, Members
February 7, 2022
Between
Hosea Bormao Chemweno & another
Claimant
and
Raymond Kipkorir & 2 others
Respondent
and
Titus Kipsoi & 2 others
Interested Party
Ruling
1. This tribunal issued directions on November 25, 2021. No indication has been given as to compliance. We have heard the Submission of both parties, and what to Tribunal notes us tune is running out from the board to comply .
2. As this can has been heard and determined, there is no subject matter from trial. Joinder of parties at this stage is ill advised.The Procedures relating to joinder of parties require to party seeking such orders to demonstrate their interest and also show that interest has not been addressed by the present parties.
3. The intended interested parties are all members of Ngenda Investors Rural Co-op Ltd. They have not shown what they bring to the proceedings, especially at this stage.We thus find that the Application has no merit and should be demised with prejudice. This means that no fute Application of this matter will be entertained in this case.The 60 days period is almost determining, and the Board will be held in contempt of the tribunal’s orders. The claimant have submitted that the unofficial have refused to hand over the instruments of office. This tribunal has not seen an Application or evidence on that, and as it stands, all the officials are jointly refusing to comply with tribunal orders. We shall say no more on that.Orders of this tribunal are binding and we shall not hesitate to enforce them. The orders of November 25, 2021 must be complied with and time is running out.
Orders 4We thus order as follows;-a.The application dated 03/2/2022 is dismissed with prejudice;b.The parties to comply with earlier orders issued by the tribunal on November 25, 2021.
RULING, READ AND DELIVERED IN AN OPEN COURT THIS 7TH DAY OF FEBRUARY, 2022. Hon. Mjeni Mwatsama Deputy Chairperson Signed 7. 2.2022B. Akusala Member Signed 7. 2.2022P. Gichuki Member Signed 7. 2.2022