[2021] KECPT 17 (KLR)
The Tribunal found that the prayers sought in the application were substantially similar to those in the main claim. To avoid prejudging the substantive issues and to ensure expeditious determination, the Tribunal suspended the application and directed that the main claim be heard on a priority basis. The Tribunal...
Source-derived case information.
- Citation
- [2021] KECPT 17 (KLR)
- Parties
- Applicant: Elizabeth Atieno Oriffa & 8 Others; Respondent: Stima Sacco Society Limited; Respondent: Celine Khayecha Sibweche
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 289 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction Application
- Outcome
- application suspended pending hearing of main claim
- Legal Topics
- Interlocutory Injunctions, Loan Recovery, Salary Deductions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Atieno Oriffa & 8 Others
Applicant
Stima Sacco Society Limited
Respondent
Celine Khayecha Sibweche
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the applicants are entitled to interim and permanent injunctions restraining the 1st respondent from making deductions from their accounts to offset the 2nd respondent's loan.
- 2 Whether any monies already deducted from the claimants' salaries towards the 2nd respondent's loan should be refunded.
- 3 Whether the application should be determined at this stage or await the hearing of the main claim.
Ratio Decidendi
The Tribunal found that the prayers sought in the application were substantially similar to those in the main claim. To avoid prejudging the substantive issues and to ensure expeditious determination, the Tribunal suspended the application and directed that the main claim be heard on a priority basis. The Tribunal ordered parties to file and serve all witness statements and documents within 21 days, with a mention date set to confirm compliance and a hearing date for the main claim. The Tribunal declined to grant the interim and permanent injunctions at this stage, holding that the issues raised would be more appropriately addressed at the hearing of the main claim.
Court Disposition
application suspended pending hearing of main claim
Orders
- The application dated 5.7.2021 is suspended pending hearing and determination of the main claim on a priority basis.
- Parties to file and serve all witness statements and documents within 21 days.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE COOPERATIVE TRIBUNAL AT NAIROBI TRIBUNAL CASE NO. 289 OF 2021
E090/2021
ELIZABETH ATIENO ORIFFA & 8 OTHERS ................CLAIMANTS
VERSUS
STIMA SACCO SOCIETY LIMITED .................... 1ST RESPONDENT
CELINE KHAYECHA SIBWECHE..........................2ND RESPONDENT
RULING
1. The matter for determination is a Notice of Motion Application under Certificate of Urgency dated 8. 7.2021 seeking the following:
1. That this application be certified as urgent and be heard Ex-parte in the first instance.
2. That pending hearing and determination of this Application interim injunction be issued restraining the 1st Respondent by itself, its servants, agents, employees and/or anybody whatsoever deriving under it, from making any and/or further deductions against the Applicants/Claimant’s accounts in a bid to offset the 2nd Respondent’s loan.
3. That pending hearing and determination of the main suit, interim injunction be issued restraining the 1st Respondent by itself, its servants, agents, employees and/or anybody whatsoever deriving under it, from making any and/or further deductions against the Applicants/Claimant’s accounts in a bid to offset the 2nd Respondent’s loan.
4. That pending hearing and determination of the main suit, permanent injunction be issued restraining the 1st Respondent by itself, its servants, agents, employees and/or anybody whatsoever deriving under it, from making any and/or further deductions against the Applicants/Claimant’s accounts in a bid to offset the 2nd Respondent’s loan.
5. That this Honourable court be pleased to order that any monies that the 1st Respondent had deducted from the Claimants/Applicants salaries towards recovery of the loan due from the 2nd Respondent be refunded forthwith.
6. That costs of this Application be provided for.
Supported by the grounds on the face of the Application and the Affidavit of Elizabeth Ekwisia deponed on 8. 7.2021.
2. The Application is opposed vide Replying Affidavit of Ann Miano the Legal Manager of the 1st Respondent.
The Claimant filed written submissions on 25. 8.2021 and 1st Respondent on 25. 10. 2021.
3. We have carefully considered the A pplication and the submissions of the parties. For expeditious determination of the claim, we order as follows, as perRule and 3 Co-operative Tribunal ( Practice and Procedure) Rules. This is also noting that the prayers sought in the Application are similar to those sought in the main claim.
1. The Application dated 5. 7.2021 is hereby suspended pending the hearing and determination of the main claim on priority basis.
2. The parties to file and serve all the witness statements and documents within 21 days herein.
3. Mention to confirm compliance on 16. 12. 2021. Hearing of main claim on 1. 3.2022.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 4TH DAY OF NOVEMBER, 2021.
Hon. B. Kimemia Chairperson Signed 4. 11. 2021
Hon. J. Mwatsama Deputy Chairperson Signed 4. 11. 2021
Mr. Gitonga Kamiti Member Signed 4. 11. 2021
Mr. B. Akusala Member Signed 4. 11. 2021
Mr. P. Gichuki Member Signed 4. 11. 2021
Tribunal Clerk R. Leweri
Odhiambo for the Claimants
Awino holding brief for Ms Kahiti for the 1st Respondent.
Hon. J. Mwatsama Deputy Chairperson Signed 4. 11. 2021