[2021] KECPT 594 (KLR)
The tribunal found that the claimant's application dated 9.9.2020 was substantially similar to an earlier application in CTC.NO. 298/2020, which had already been dismissed. As the issues raised had already been adjudicated and orders issued in the previous ruling, the present application was deemed spent. The...
Source-derived case information.
- Citation
- [2021] KECPT 594 (KLR)
- Parties
- Claimant: Daniel Kitaa Kamia Kaesha; Respondent: Metropolitan National Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 294 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application dismissed as spent
- Legal Topics
- Interlocutory Applications, Dismissal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daniel Kitaa Kamia Kaesha
Claimant
Metropolitan National Sacco Society Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the claimant's application dated 9.9.2020 should be granted or dismissed in light of a similar application already determined in a related matter.
Ratio Decidendi
The tribunal found that the claimant's application dated 9.9.2020 was substantially similar to an earlier application in CTC.NO. 298/2020, which had already been dismissed. As the issues raised had already been adjudicated and orders issued in the previous ruling, the present application was deemed spent. The tribunal therefore ordered that the orders made in the ruling delivered in the claimant's application dated 14.9.2020 in CTC.NO. 298/2020 would apply to the instant application, effectively dismissing it.
Court Disposition
application dismissed as spent
Orders
- The orders in the ruling delivered in the claimant's application dated 14.9.2020 in CTC.NO. 298/2020 shall apply to the instant application.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO.294 OF 2020
DANIEL KITAA KAMIA KAESHA..........CLAIMANT
VERSUS
METROPOLITAN NATIONAL SACCO
SOCIETY LIMITED .............................RESPONDENT
RULING
What is before us for consideration and determination is the Claimant’s Application dated 9. 9.2020. We note that the prayers and circumstances in this Application are similar to the Claimant’s Application (dated 14. 9.2020) in CTC.NO. 298/2020.
Having rendered ourselves in the said Application – by dismissing it, we find that the instant is spent. We accordingly make an Order to the effect that the Orders in the Ruling delivered in the Claimant’s Application dated 14. 9.2020 ( In CTC. No. 298/2020) to apply to the instant Application.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 7TH DAY OF JANUARY, 2021.
Hon. F. Terer Deputy Chairman ................................
Mr. P. Gichuki Member .................................
Mr. B. Akusala Member ..................................