[2023] KECPT 1064 (KLR)
The Tribunal found that the application to set aside the dismissal order and reinstate the Notice of Motion Application was unopposed, as no grounds of opposition or replying affidavit were filed by the respondent. In the absence of opposition and upon consideration of the supporting affidavit, the Tribunal...
Source-derived case information.
- Citation
- [2023] KECPT 1064 (KLR)
- Parties
- Applicant: Fen Sacco Society Limited; Respondent: Jared Maoro Mayaka
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 1021 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Dismissal and Reinstate Motion
- Outcome
- Application allowed as prayed with costs in the cause.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol
- Legal Topics
- Setting Aside Orders, Reinstatement of Application, Non Attendance, Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fen Sacco Society Limited
Applicant
Jared Maoro Mayaka
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Dismissal and Reinstate Motion
Legal Issues
- 1 Whether the order dismissing the Claimant's Notice of Motion Application for non-attendance and want of prosecution should be set aside.
- 2 Whether the Notice of Motion Application dated 22nd December, 2020 should be reinstated.
Ratio Decidendi
The Tribunal found that the application to set aside the dismissal order and reinstate the Notice of Motion Application was unopposed, as no grounds of opposition or replying affidavit were filed by the respondent. In the absence of opposition and upon consideration of the supporting affidavit, the Tribunal exercised its discretion to allow the application as prayed, with costs in the cause.
Court Disposition
Application allowed as prayed with costs in the cause.
Orders
- The order dismissing the Claimant's Notice of Motion Application dated 22nd December, 2020 for non-attendance and want of prosecution is set aside.
- The Notice of Motion Application dated 22nd December, 2020 is reinstated.
Full Case Text
Judgment text and source record
17 paragraphs
Fen Sacco Society Limited v Mayaka (Tribunal Case 1021 of 2018) [2023] KECPT 1064 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KECPT 1064 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 1021 of 2018
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & PO Aol, Members
November 30, 2023
Between
Fen Sacco Society Limited
Claimant
and
Jared Maoro Mayaka
Respondent
Ruling
Ruling Of The Tribunal 1. The matter for determination is a Notice of Motion Application dated 17. 2.2023 filed under Certificate of Urgency seeking the following orders:a.That this Application be certified urgent, service be dispensed with thereof and the same be heard exparte in the first instance.b.That the order of the Honourable Tribunal made on 16th February 2023 dismissing the Claimant’s Notice of Motion Application dated 22nd December, 2020 for non-attendance and want of prosecution be set aside, reviewed and/or varied.c.That the Honourable court be pleased to reinstate the Notice of Motion Application dated 22nd December, 2020 seeking the Respondent’s Memorandum of Response and/or Statement of Defence dated 11th day of September, 2019 be struck off.d.That this Application be heard inter -partes on such date and time as this Honourable court may direct.e.That the costs of this Application be in the cause.
2. The same is supported by Affidavit of Jane Jemutai.There was no Ground of Opposition or Replying Affidavit filed in opposition of the said Application.We therefore allow the Application as prayed with costs in the cause.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF NOVEMBER, 2023. ........................HON. BEATRICE KIMEMIACHAIRPERSON........................HON. J. MWATSAMADEPUTY CHAIRPERSON........................HON. BEATRICE SAWEMEMBER........................HON. FRIDAH LOTUIYAMEMBER........................HON. PHILIP GICHUKIMEMBER........................HON. PAUL AOLMEMBERMs. Kipruto advocate for ClaimantMs. Okumu advocate holding brief for Mr. Nyangito advocate for the RespondentMention for Pre-trial direction on 18. 4.2024.