[2022] KECPT 907 (KLR)
The Tribunal found that the applicant had demonstrated sufficient cause for the orders sought, including the extension of time for validity of summons, re-issuance of the summons, and leave to serve by advertisement. The absence of opposition and the supporting affidavit established the impracticability of personal...
Source-derived case information.
- Citation
- [2022] KECPT 907 (KLR)
- Parties
- Applicant: Equity Bank Sacco Society Limited; Respondent: Gideon Mwituria Kimani
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 482A of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- Application granted as prayed with costs in the cause.
- Judges
- BM Kimemia, J. Mwatsama, M. Mbeneka
- Legal Topics
- Extension of Time, Service of Process, Summons, Leave to Serve by Advertisement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Equity Bank Sacco Society Limited
Applicant
Gideon Mwituria Kimani
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the Tribunal should enlarge the time for validity of summons to enter appearance.
- 2 Whether the Tribunal should re-issue the Summons to Enter Appearance.
- 3 Whether leave should be granted to serve the Respondent by advertisement in a local newspaper.
Ratio Decidendi
The Tribunal found that the applicant had demonstrated sufficient cause for the orders sought, including the extension of time for validity of summons, re-issuance of the summons, and leave to serve by advertisement. The absence of opposition and the supporting affidavit established the impracticability of personal service and justified the exercise of the Tribunal's discretion in favour of the applicant. The application was therefore granted as prayed, with costs in the cause.
Court Disposition
Application granted as prayed with costs in the cause.
Orders
- Time for extending validity of summons to enter appearance is enlarged.
- Summons to Enter Appearance to be re-issued.
Full Case Text
Judgment text and source record
18 paragraphs
Equity Bank Sacco Society Limited v Kimani (Tribunal Case 482A of 2009) [2022] KECPT 907 (KLR) (16 December 2022) (Ruling)
Neutral citation: [2022] KECPT 907 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 482A of 2009
BM Kimemia, Chair, J. Mwatsama, Vice Chair & M. Mbeneka, Member
December 16, 2022
Between
Equity Bank Sacco Society Limited
Claimant
and
Gideon Mwituria Kimani
Respondent
Ruling
1. Notice of Motion application dated September 30, 2022 seeking the following prayers:1. That the time for extending validity of summons to enter appearance be enlarged.2. That the Summons to Enter Appearance herein be re-issued.3. That leave be granted to the Claimant to serve the Respondent by placing an advertisement in a local newspaper with nationwide circulation.4. That the costs of this application be provided for.
2. Based on the grounds on the face of the records and supported by the affidavit of Macharia wa Muturi deponed on September 30, 2022.
3. The application dated September 30, 2022 is granted as prayed with costs in the cause.
Ruling signed, dated and delivered virtually at Nairobi this 16th day of December, 2022. Hon. Beatrice Kimemia Chairperson Signed 16. 12. 2022Hon. J. Mwatsama Deputy chairperson Signed 16. 12. 2022M. Mbeneka Member Signed 16. 12. 2022Tribunal Clerk J. MutaiNo appearance by parties.Ruling delivered in absence of parties.Hon. J. Mwatsama Deputy chairperson Signed 16. 12. 2022