[2025] KECPT 188 (KLR)

[2025] KECPT 188 (KLR)

The Tribunal found that the applicant had been diligent in prosecuting the application and that the respondent, despite being served, failed to respond or participate in the proceedings. In the absence of opposition, and considering the necessity of the documents for the fair determination of the dispute, the...

Source-derived case information.

Citation
[2025] KECPT 188 (KLR)
Parties
Applicant: Loice Kavata Muli; Respondent: Jamii Co-operative Savings & Credit Society Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case E001 of 2024
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Interim Orders
Outcome
Interim orders granted as prayed by the applicant; directions issued for further conduct of the matter.
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Interim Orders, Disclosure of Documents, Account Statements, Loan Documentation
Source Language
en
Civil Procedure Commercial and Corporate Interim Orders Disclosure of Documents Account Statements Loan Documentation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Loice Kavata Muli

Applicant

Jamii Co-operative Savings & Credit Society Limited

Respondent

Procedural Posture

Miscellaneous Application / Interlocutory Ruling on Interim Orders

Legal Issues

  1. 1 Whether the applicant is entitled to interim orders compelling the respondent to provide full disclosure of account statements and loan documents.
  2. 2 Whether the respondent should be compelled to indemnify the applicant against losses pending determination of the claim.

Ratio Decidendi

The Tribunal found that the applicant had been diligent in prosecuting the application and that the respondent, despite being served, failed to respond or participate in the proceedings. In the absence of opposition, and considering the necessity of the documents for the fair determination of the dispute, the Tribunal exercised its discretion to grant interim orders compelling the respondent to provide full disclosure of account statements and loan documentation relating to the applicant. The Tribunal further ordered that the respondent indemnify the applicant against any losses arising from illegal actions pending the final determination of the claim. The orders were made to ensure...

Court Disposition

Interim orders granted as prayed by the applicant; directions issued for further conduct of the matter.

Orders

  • Respondent to provide full disclosure of the statement of accounts relating to the applicant.
  • Respondent to furnish the applicant with original loan application forms, loan approvals, and security documents relating to the applicant's account.