[2021] KECPT 286 (KLR)
The Tribunal found that both parties were agreeable to the re-opening of their respective cases to enable them to file and serve additional documents. In the interests of justice and fairness, and given the absence of opposition to the application, the Tribunal exercised its discretion to grant leave to both parties...
Source-derived case information.
- Citation
- [2021] KECPT 286 (KLR)
- Parties
- Applicant: Naomi Waeni Ndivo; Respondent: YES SACCO Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 246 of 2019
- Procedural Posture
- Miscellaneous Application / Interlocutory Application for Re Opening of Case
- Outcome
- Application allowed by consent; parties granted leave to re-open cases and file additional documents.
- Legal Topics
- Reopening of Case, Adduction of Additional Evidence, Leave to File Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naomi Waeni Ndivo
Applicant
YES SACCO Society Limited
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Application for Re Opening of Case
Legal Issues
- 1 Whether the Claimant should be granted leave to re-open her case to produce additional documents and for cross-examination.
- 2 Whether both parties should be allowed to file and serve further witness statements and documents.
- 3 Whether costs of the application should be in the cause.
Ratio Decidendi
The Tribunal found that both parties were agreeable to the re-opening of their respective cases to enable them to file and serve additional documents. In the interests of justice and fairness, and given the absence of opposition to the application, the Tribunal exercised its discretion to grant leave to both parties to re-open their cases, file and serve witness statements and documents within 30 days, and ordered that the matter be heard afresh. Costs of the application were ordered to be in the cause, and a mention date was set for compliance and pre-trial directions.
Court Disposition
Application allowed by consent; parties granted leave to re-open cases and file additional documents.
Orders
- Both parties are granted leave to re-open their cases and to file and serve their witness statements and documents within 30 days; matter to be heard afresh.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL
AT NAIROBI
TRIBUNAL CASE NO.246 OF 2019
NAOMI WAENI NDIVO............................. CLAIMANT
VERSUS
YES SACCO SOCIETY LIMITED....... RESPONDENT
RULING
The matter for determination is a Notice of Motion Application dated 8. 9.2020 seeking the following Orders:
1. That this Application be certified urgent and service thereof be dispensed with in the first instance.
2. That temporary Orders of stay of proceedings be granted pending hearing and determination of this Application.
3. That the Claimant’s case be re-opened in order for the Claimant to produce additional documents and for cross-examination of the Claimant.
4. That in the alternative, the Claimant be granted leave to attach the documents to her written submissions.
5. That this Honourable Tribunal to grant any other alternative order(s) it deems fit.
6. That costs of this Application be in the cause.
Its based on the grounds on the face of the Application and supported by the Affidavit of Naomi Waeni Ndivo deponed on 8. 9.2020.
The Application is opposed vide the Replying Affidavit of the Alfred Polo deponed on 13. 10. 2020.
The Application was ordered to be dispensed with by way of written submissions, the Applicant filed written submissions on 11. 2.2021 and Respondent on 30. 3.21.
The gist of the Application is that the Claimant/Applicant seeks to re-open their case to file and serve further documents. The Respondents in their written submissions are agreeable to re-opening of the case to adduce more documents subject to the decision of the Tribunal.
We have carefully considered the Application and note that both parties are agreeable to re-opening of their cases to enable them file and serve additional documents.
We therefore order as follows:
1. The parties are granted leave to re-open their cases, and to file and serve their Witness Statements and documents within 30 days herein. Matter to be heard a fresh.
2. Costs of the Application to be in the cause.
3. Mention for compliance and Pre-trial directions on 16. 11. 2021.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 2ND DAY OF SEPTEMBER, 2021.
Hon. B. Kimemia Chairperson Signed 2. 9.2021
Hon. J. Mwatsama Deputy Chairperson Signed 2. 9.2021
Mr. Gitonga Kamiti Member Signed 2. 9.2021
Mr. B. Akusala Member Signed 2. 9.2021
Tribunal Clerk R. Leweri
Miss Maina holding brief for Mbigi for Claimant/Applicant
Mbuthia |Advocate for Respondent: Present
Hon. B. Kimemia Chairperson Signed 2. 9.2021