[2023] KECPT 852 (KLR)
The Tribunal found that the application dated 6.3.2023 was not prosecuted due to the non-attendance of the applicant. In accordance with procedural law and the Tribunal's inherent powers, the application was dismissed for want of prosecution and non-attendance. The Tribunal further held that the garnishee, having...
Source-derived case information.
- Citation
- [2023] KECPT 852 (KLR)
- Parties
- Applicant: Samuel Kabechu Njiri; Respondent: Pan African Staff Society Limited (alias Sanlam Sacco Society Limited); Respondent: Cooperative Bank of Kenya
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 277 of 2015
- Procedural Posture
- Tribunal Application / Ruling on Application for Garnishee Orders and Costs
- Outcome
- Application dismissed for non-attendance and want of prosecution; costs awarded to garnishee.
- Judges
- BM Kimemia, M Chesikaw, PO Aol
- Legal Topics
- Garnishee Proceedings, Costs Award, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kabechu Njiri
Applicant
Pan African Staff Society Limited (alias Sanlam Sacco Society Limited)
Respondent
Cooperative Bank of Kenya
Respondent
Procedural Posture
Tribunal Application / Ruling on Application for Garnishee Orders and Costs
Legal Issues
- 1 Whether the application dated 6.3.2023 should be dismissed for non-attendance and want of prosecution.
- 2 Whether the garnishee is entitled to costs and the quantum thereof.
Ratio Decidendi
The Tribunal found that the application dated 6.3.2023 was not prosecuted due to the non-attendance of the applicant. In accordance with procedural law and the Tribunal's inherent powers, the application was dismissed for want of prosecution and non-attendance. The Tribunal further held that the garnishee, having participated in the proceedings and incurred costs, was entitled to reimbursement. However, the Tribunal exercised its discretion to assess the costs at Kshs. 15,000, rather than the Kshs. 30,000 sought, and ordered the applicant/judgment creditor to pay this amount to the garnishee.
Court Disposition
Application dismissed for non-attendance and want of prosecution; costs awarded to garnishee.
Orders
- The application dated 6.3.2023 is dismissed for non-attendance and want of prosecution with costs to be paid to the garnishee by the judgment creditor.
- Costs of the garnishee assessed at Kshs. 15,000 to be paid by the claimant/judgment creditor.
Full Case Text
Judgment text and source record
22 paragraphs
Njiri v Pan African Staff Society Limited; Cooperative Bank of Kenya (Garnishee) (Tribunal Case 277 of 2015) [2023] KECPT 852 (KLR) (Nairobi) (10 August 2023) (Ruling)
Neutral citation: [2023] KECPT 852 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Nairobi
Tribunal Case 277 of 2015
BM Kimemia, Chair, M Chesikaw & PO Aol, Members
August 10, 2023
Between
Samuel Kabechu Njiri
Claimant
and
Pan African Staff Society Limited (alias Sanlam Sacco Society Limited)
Respondent
and
Cooperative Bank of Kenya
Garnishee
Ruling
1. The Application dated 6. 3.2023 is hereby dismissed for non- attendance and want of prosecutions with costs to be paid to Garnishee by Judgment Creditor.
2. Necl for Garnishee – I pray for reimbursement costs of Kshs. 30,000/=. We filed Replying Affidavit and attended the Tribunal twice, we served the Judgment Creditor twice.
3. Order: Costs of Garnishee assessed at Kshs. 15,000/= to be paid by the Claimant/ Judgment Creditor.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 10TH DAY OF AUGUST. 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 10. 8.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 10. 8.2023HON. PAUL AOL MEMBER SIGNED 10. 8.2023TRIBUNAL CLERK JEMIMAHNecl for Garnishee presentNo appearance for parties.HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 10. 8.2023