[2021] KECPT 11 (KLR)
The Tribunal found that the application for stay of execution dated 28.9.2017 had already been heard and dismissed by a ruling delivered on 13.7.2018, with the orders applying to all consolidated matters. There was no evidence of any subsisting stay or other order preventing execution. Although an appeal was noted,...
Source-derived case information.
- Citation
- [2021] KECPT 11 (KLR)
- Parties
- Applicant: Kenya Insurers Sacco Limited; Respondent: John O. Makokha
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 448 of 2014
- Procedural Posture
- Miscellaneous Application / Directions on Dismissal for Want of Prosecution
- Outcome
- Claimant allowed to proceed with execution; matters not dismissed.
- Legal Topics
- Dismissal for Want of Prosecution, Affidavit to Show Cause, Stay of Execution, Execution Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Insurers Sacco Limited
Applicant
John O. Makokha
Respondent
Procedural Posture
Miscellaneous Application / Directions on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the matters should be dismissed for want of prosecution.
- 2 Whether the claimant has shown sufficient cause to prevent dismissal.
- 3 Whether there are pending applications or appeals affecting the execution process.
Ratio Decidendi
The Tribunal found that the application for stay of execution dated 28.9.2017 had already been heard and dismissed by a ruling delivered on 13.7.2018, with the orders applying to all consolidated matters. There was no evidence of any subsisting stay or other order preventing execution. Although an appeal was noted, its status was not disclosed and no stay was shown to be in force. The claimant demonstrated readiness to proceed with execution. Accordingly, the Tribunal held that there was no sufficient cause to dismiss the matters for want of prosecution and directed that the claimant may proceed with execution unless contrary orders exist.
Court Disposition
Claimant allowed to proceed with execution; matters not dismissed.
Orders
- The claimant is to proceed with execution in CTC.NO.448/2014, CTC.NO.449/2014, CTC.NO.450/2014, and CTC.NO.451/2014 unless there are other orders to the contrary.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
CASE NO.448 OF 2014
KENYA INSURERS SACCO LIMITED...................................................CLAIMANT
VERSUS
JOHN O. MAKOKHA..........................................................................RESPONDENT
Consolidated with;
1. 449 of 2014
2. 450 of 2014
3. 451 of 2014
DIRECTIONS
1. This matter was entered for dismissal on 23. 9.2021. The parties were ordered to file Affidavits to show cause why the matters should not be dismissed. The Advocate for the Claimant Tom Getange Advocate filed the Affidavit deponed on 12. 10. 2021.
2. In the Affidavit, Mr. Getange Advocate averred that there was an Application for stay of execution dated 28. 9.2017 still pending determination. He further submitted that they were ready to proceed with the execution process, hence the matter should not be dismissed for want of prosecution.
3. We have perused the records in CTC.NO. 448/2014, CTC.NO.449/2014, CTC.NO.450/2014andCTC.NO. 451/2014. We note that the Application dated 28. 9.2017 was heard and determined. The same was dismissed vide the Ruling delivered on 13. 7.2018 and the orders were to apply to CTC.NO.449/2014,CTC.NO.450/2014 and CTC.NO. 451/2014.
4. We note that there was an appeal in the matter, the status of the said e appeal is not disclosed.
5. We therefore order for the claimant to proceed with their execution process in CTC.NO. 448/2014, CTC.NO.449/2014, CTC.NO.450/2014andCTC.NO. 451/2014 unless there are other orders to the contrary.
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 Signed 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
Getange for the Claimant.
Hon. J. Mwatsama Deputy Chairperson Signed 25. 11. 2021