[2021] KECPT 19 (KLR)
The Tribunal found that the subject matter of the present proceedings is substantially similar to that in MERU HCCC No. 18 of 2019, particularly regarding the issue of spousal consent. The Tribunal held that the High Court in Meru is the appropriate forum to determine the substantive legal questions, and that the...
Source-derived case information.
- Citation
- [2021] KECPT 19 (KLR)
- Parties
- Applicant: Jacob Kibiti Kirema; Respondent: Capital Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 513 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Proceedings
- Outcome
- application for stay of proceedings allowed
- Legal Topics
- Stay of Proceedings, Pendency of Other Suit, Spousal Consent, Jurisdiction, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Kibiti Kirema
Applicant
Capital Sacco Society Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Proceedings
Legal Issues
- 1 Whether the proceedings before the Tribunal should be stayed pending the determination of MERU HCCC No. 18 of 2019.
- 2 Whether the High Court in Meru is the appropriate forum to determine the issue of spousal consent central to both matters.
Ratio Decidendi
The Tribunal found that the subject matter of the present proceedings is substantially similar to that in MERU HCCC No. 18 of 2019, particularly regarding the issue of spousal consent. The Tribunal held that the High Court in Meru is the appropriate forum to determine the substantive legal questions, and that the outcome of the High Court case will have a direct bearing on the Tribunal proceedings. To avoid the risk of conflicting decisions and to promote judicial efficiency, the Tribunal exercised its discretion to stay the current proceedings pending the determination of the High Court matter. The application for stay was therefore allowed as meritorious.
Court Disposition
application for stay of proceedings allowed
Orders
- The Applicant’s Application dated 21st April, 2021 is allowed.
- Proceedings in this case are stayed pending the outcome in MERU HCCC No. 18 of 2019.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL
AT NAIROBI
TRIBUNAL CASE NO. 513 OF 2018
JACOB KIBITI KIREMA.......................................CLAIMANT
-VERSUS-
CAPITAL SACCO SOCIETY LIMITED.........RESPONDENT
RULING
1. The Applicant filed a Notice of Motion Application dated 21st April, 2021. In the said Application, the Applicant is seeking Stay of proceedings, awaiting the outcome of MERU HCCC No. 18 of 2019.
2. In opposition of the aforesaid Application, the Respondents filed a Replying Affidavit dated 11th May 2021, deponed by one Jacob Kibiti Kirema. Parties were directed to proceed by way of written Submissions, which directions were complied with.
3. We have read and considered the Pleadings and elaborate submissions of both parties, which have assisted this Tribunal to come to the determination of these present issues.
4. There is filed a cause in MERU HCCC No. 18 of 2019, which substantively deals with the same subject matter, and there is a question therein on spousal consent, which ought to be determined by the High Court, and whose outcome will give the case before this Tribunal a bearing.
5. We are thus persuaded that the Application is meritorious, as the issues raised therein would be best adjudicated by the High Court in Meru, for which reason we allow the Application dated 21st April, 2021.
ORDERS
We therefore Order as follows:
a. The Applicant’s Application dated 21st April, 2021 be and is hereby allowed;
b. This Tribunal hereby does issue a stay of proceedings in this case, awaiting the outcome in MERU HCCC No. 18 of 2019.
c. Costs be in the cause.
RULINGSIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 7TH DAY OF OCTOBER, 2021
Hon. B. Kimemia Chairperson Signed 7. 10. 2021
Hon. J. Mwatsama Deputy Chairperson Signed 7. 10. 2021
Mr. P. Gichuki Member Signed 7. 10. 2021
Mr. B. Akusala Member Signed 7. 10. 2021
Tribunal Clerk R. Leweri
Karanja for the Respondent
Otieno for Claimant – no appearance
Hon. J. Mwatsama Deputy Chairperson Signed 7. 10. 2021