[2021] KECPT 28 (KLR)
The Tribunal determined that the application for a temporary injunction should be suspended pending the hearing and determination of the main claim. The Tribunal directed both parties to file and serve all their documents and witness statements within 21 days to facilitate an expeditious hearing. The Tribunal...
Source-derived case information.
- Citation
- [2021] KECPT 28 (KLR)
- Parties
- Applicant: Mary Nginya Kivuti; Respondent: Urithi Housing Co-operative Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 120 of 2021
- Procedural Posture
- Miscellaneous Application / Interlocutory Application (ruling on Injunction Pending Hearing of Main Claim)
- Outcome
- Application suspended pending hearing and determination of the main claim.
- Legal Topics
- Interlocutory Injunctions, Publication of Defaulters, Housing Cooperative Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Nginya Kivuti
Applicant
Urithi Housing Co-operative Society Limited
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Application (ruling on Injunction Pending Hearing of Main Claim)
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from publishing her name as a defaulter pending the hearing and determination of the suit.
- 2 Whether the application should be heard ex parte and on a priority basis.
- 3 Whether the parties should be directed to file and serve all documents and witness statements within a specified period.
Ratio Decidendi
The Tribunal determined that the application for a temporary injunction should be suspended pending the hearing and determination of the main claim. The Tribunal directed both parties to file and serve all their documents and witness statements within 21 days to facilitate an expeditious hearing. The Tribunal emphasized the need to preserve the status quo and ensure that the matter is heard and determined on its merits, rather than granting or denying the injunction at this interlocutory stage. The Tribunal further set a mention date for compliance and fixing of the hearing date, underscoring the importance of procedural fairness and efficient case management.
Court Disposition
Application suspended pending hearing and determination of the main claim.
Orders
- The application is suspended pending the hearing and determination of the claim.
- The parties to file and serve all their documents and witness statements within 21 days herein.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL
AT NAIROBI
TRIBUNAL CASE NO.120 OF 2021
MARY NGINYA KIVUTI..CLAIMANT
VERSUS
URITHI HOUSING CO-OPERATIVE
SOCIETY LIMITED.....RESPONDENT
RULING
1. The matter for determination is Notice of Motion Application under Certificate of Urgency dated 21. 8.2020 filed on 23. 2.2021 seeking the following prayers:
a. That this Application be certified as urgent, its service be dispensed with the first instance and the same be heard ex parte on priority basis for the purposes of Prayer 2.
b. That pending the hearing and determination of this Application inter-partes, this Honourable court be pleased to issue a temporary injunction restraining the Respondent, either by themselves, agents, servants and/or employees from advertising the Claimant/Applicant’s name as a defaulter on the list of defaulter affixed at the main entrance of the Respondent’s Nyumba Mia Housing scheme Bungalows erected on Land Registration Number 90704 and any other publication or premises belonging to the Respondent.
c. That pending the hearing and determination of this suit this Honourable court be pleased to issue a temporary injunction restraining the Respondent, either by themselves, agents, servants and/or employees from advertising the Claimant/Applicant’s name as a defaulter on the list of defaulter affixed at the main entrance of the Respondent’s Nyumba Mia Housing scheme Bungalows erected on Land Registration Number 90704 and any other publication or premises belonging to the Respondent.
d. That this Honourable court be pleased to grant any other appropriate orders as it may deem fit and proper in the circumstances.
e. That the costs of this Application be provided for.
2. The same is based on the grounds on the face of the Application and supported by the Affidavit of Mary Nginya Kivutideponed on 21. 8.2020.
3. The Application is opposed vide the Replying Affidavit of Samuel Ngundo the Chairman of the Respondent deponed on 8. 3.2021.
4. The parties filed their written submissions on 2. 6.2021 and 15. 6.2021 respectively.
5. We have carefully considered the Application, the written submissions of the parties and order as follows and in accordance to Rule 3 and 4 Co-operative Tribunal ( Practice and Procedure) Rules.
1. The Application is suspended pending the hearing and determination of the claim.
2. The parties to file and serve all their documents and witness statements within 21 days herein.
3. The matter to be heard and determined expeditiously.
4. Mention for compliance and fixing a hearing date on 25. 1.2022.
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
Wangui holding brief for Wawiti for Claimant
Gitau for the Respondent
Hon. J. Mwatsama Deputy Chairperson Signed 25. 11. 2021