[2021] KECPT 5 (KLR)
The Tribunal found that the interlocutory application sought prayers substantially similar to those in the main claim. Granting the orders at this stage would effectively determine the substantive dispute without a full hearing. In the interest of justice and procedural fairness, the Tribunal exercised its...
Source-derived case information.
- Citation
- [2021] KECPT 5 (KLR)
- Parties
- Applicant: John Mugambi & 18 Others; Respondent: Francis Mwinzi Mulava; Respondent: MTK Savings & Credit Co-op. Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 520 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application; Pre Trial Directions
- Outcome
- interlocutory application suspended; directions issued for hearing of main claim
- Legal Topics
- Interlocutory Injunctions, Loan Recovery Disputes, Cooperative Societies Procedure
- 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
John Mugambi & 18 Others
Applicant
Francis Mwinzi Mulava
Respondent
MTK Savings & Credit Co-op. Society Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application; Pre Trial Directions
Legal Issues
- 1 Whether the applicants are entitled to a temporary injunction restraining the 2nd respondent from recovering loan arrears pending hearing and determination of the suit.
- 2 Whether the 1st respondent should be ordered to continue servicing the loan arrears advanced to him by the 2nd respondent pending determination of the suit.
- 3 Whether the application should be suspended in favour of hearing the main claim.
Ratio Decidendi
The Tribunal found that the interlocutory application sought prayers substantially similar to those in the main claim. Granting the orders at this stage would effectively determine the substantive dispute without a full hearing. In the interest of justice and procedural fairness, the Tribunal exercised its discretion under the Co-operative Tribunal (Practice and Procedure) Rules to suspend the application and direct the parties to prepare for hearing of the main claim. The Tribunal further issued timelines for filing witness statements and documents, and set dates for mention and hearing to ensure expeditious disposal of the matter.
Court Disposition
interlocutory application suspended; directions issued for hearing of main claim
Orders
- The application dated 10.9.2021 is hereby suspended to pave way for the hearing of the main claim.
- The parties to file and serve their witness statements and documents within 21 days herein.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE COOPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO. 520 OF 2019
JOHN MUGAMBI &18 OTHERS.....................................................................CLAIMANTS
VERSUS
FRANCIS MWINZI MULAVA................................................................1ST RESPONDENT
MTK SAVINGS & CREDIT CO-OP. SOCIETY LIMITED...............2ND RESPONDENT
RULING
1. The matter for determination is a Notice of Motion Application under Certificate of Urgency dated 11. 9.2019 seeking the following:
i. That this Honourable Tribunal be pleased to certify the Application herein as EXTREMELY URGENT and the same to be served and heard on priority basis.
ii. That this Honourable Tribunal be pleased to issue a temporary order of injunction restraining the 2nd Defendant/Respondent whether by himself, his employees, servants, agent or any other person claiming on his name from recovering the loan arrears from the Claimants herein pending inter-parties hearing and determination of the Application herein.
iii. That this Honourable Tribunal be pleased to issue an order that the 1st Respondent to serve the loan arrears advanced to him by MTK SACCO the 2nd Respondent herein pending inter-parties hearing and determination of the Application herein.
iv. That this Honourable Tribunal be pleased to issue a temporary order of injunction restraining the 2nd Defendant/Respondent whether by himself, his employees, servants, agent or any other person claiming on his name from recovering the loan arrears from the Claimants herein pending inter-parties hearing and determination of the suit herein.
v. That this Honourable court be pleased to issue an order that 1st Respondent to continue servicing the loan arrears advanced to him by MTK SACCO the 2nd Respondent herein of Kshs. 64,597/= per month pending hearing and determination of this suit herein.
vi. That this Honourable Tribunal do issue any other further and/or other orders as it may deem fit and just to grant in the interest of justice.
vii. That cost of this Application be provided for.
The Application is supported by the Affidavit of John Mugambi deponed on 11. 9.2019.
2. The Application is opposed vide the Replying Affidavit of Francis Mwinzi (1st Respondent) deponed on 21. 2.2020.
The Claimant filed written – submissions on 10. 9.2021.
3. We note that it is now over 2 years since the Application was filed under Certificate of Urgency. The parties have not indicated whether there is any changes in the matter as prayed for in the Application. The Application seeks similar prayers as the main claim. We therefore order as follows as per Rule 3 and 4 Co-operative Tribunal ( Practice and Procedure) Rules.
1. The Application dated 10. 9.2021 is hereby suspended to pave way for the hearing of the main claim.
2. The parties to file and serve their witness statement and documents within 21 days herein.
3. Mention for compliance on 15. 12. 2021. Hearing on 17. 2.2022. Hearing notice to issue.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF NOVEMBER, 2021.
Hon. B. Kimemia Chairperson Signed 25. 11. 2021
Hon. J. Mwatsama Deputy Chairperson 25. 11. 2021
Mr. Gitonga Kamiti Member Signed 25. 11. 2021
Mr. B. Akusala Member Signed 25. 11. 2021
Mr. P. Gichuki Member Signed 25. 11. 2021
Tribunal Clerk R. Leweri
No appearance by both parties
Hearing notice to issue
Hon. J. Mwatsama Deputy Chairperson Signed 25. 11. 2021