[2024] KECPT 1183 (KLR)
The Tribunal found that the applicant failed to provide evidence of membership in the respondent Sacco or proof of payment of the requisite fees to operate his vehicle within the Sacco. Without such evidence, the applicant did not establish a prima facie case or demonstrate infringement of a legal right....
Source-derived case information.
- Citation
- [2024] KECPT 1183 (KLR)
- Parties
- Applicant: Raphael Njoroge; Respondent: Norman Kinyanjui
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 200/E199 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- application dismissed
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Interlocutory Injunctions, Cooperative Societies, Membership Rights, Business Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Njoroge
Applicant
Norman Kinyanjui
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the applicant has established a prima facie case for grant of a temporary injunction.
- 2 Whether the applicant will suffer irreparable harm if the injunction is not granted.
- 3 Whether the balance of convenience tilts in favour of granting the injunction.
Ratio Decidendi
The Tribunal found that the applicant failed to provide evidence of membership in the respondent Sacco or proof of payment of the requisite fees to operate his vehicle within the Sacco. Without such evidence, the applicant did not establish a prima facie case or demonstrate infringement of a legal right. Consequently, the threshold for granting a temporary injunction was not met. The Tribunal emphasized that the applicant's failure to satisfy the established legal requirements for interlocutory relief precluded the grant of the orders sought.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 14th March, 2024 is dismissed.
- Costs of the application are in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
Njoroge v Kinyanjui (Sued as Chairman and Official of Canvas Trsansporters Ikinu-Githiga Sacco) (Tribunal Case 200/E199 of 2024) [2024] KECPT 1183 (KLR) (25 July 2024) (Ruling)
Neutral citation: [2024] KECPT 1183 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 200/E199 of 2024
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
July 25, 2024
Between
Raphael Njoroge
Claimant
and
Norman Kinyanjui
Respondent
Sued as Chairman and Official of Canvas Trsansporters Ikinu-Githiga Sacco
Ruling
Notice Of Motion Application 1. The Notice of Motion Application dated 14th March, 2024 was filed under Sections 21,22,28,76,87,91 and 94 of the Cooperatives Act, Orders 1 Rules 1,3 and 4, order 41 Rules 1 and 2 of the Civil Procedure Rules and sections 63 ( e), 1B,3A and 5 of the Civil Procedure Act seeking among others that:a.Spentb.Pending hearing and determination of the suit, the Tribunal be pleased to grant interim orders of injunction restraining Respondent whilst acting in his capacity as the chairman of canvas transporters Ikinu-Githiga Sacco, his employees, agents and or anybody working under them from any interference with the running of the Claimants transport business with his 3 wheeler motor vehicle registration numbers KWTC 232N within the Sacco route.c.The traffic base commander – Githiga and the OCS Githiga police station be directed to supervise the implementation of the sought orders.
2. The Application was based on the Affidavit of Raphael Njoroge Njenga which stated the following among others:a.That he purchased a 3 wheeler motor vehicle registration number KWTC 232N from Virginia Wanjiku Njenga and after completion of the sale, a log book transfer was executed, but the Respondent without getting the proper state of affair or demand for explanation autocratically stopped his operations within the Sacco.b.That the Respondent also informed the local operatives and the police that he was operating within the Sacco illegally necessiting him to remove the 3 wheeler motor vehicle from operation from 1st March, 2024. c.That on numerous occasions he has tried to seek a meeting to resolve the arising issues but the Respondent has adamantly declined and as such he has undergone a daily loss of income of over Kshs. 2,500/=.
3. This Tribunal on 14th March, 2024 gave directions for the Applicant to serve the other parties and on 15th May, 2024 gave further directions to try and settle the matter out of court.As at the date of writing this ruling, there is no indication that the parties have settled the matter out of court.
Prayers For Injunction 4. Criteria for the grant of orders for temporary injunction are well settled that any party making the application has to satisfy the triple requirement of:a.Establishing a prima facie caseb.Demonstrating irreparable injury that cannot be compensated by costs if the order of temporary injunction is not issued.c.If there is any doubt as to (ii) the Applicant has to show that the balance of convenience is in his favour.
5. In this particular case, it is the Respondent’s position that they are willing (as members of canvas transporters Ikinu-Githiga Sacco) to allow the Claimant back into business if he complies with the Sacco by-laws beginning with the payment of Kshs. 20,000/= to allow him operate his 3 wheeler motor vehicle.
6. To establish a prima facie case, a party need to present material in court showing the existence of a legal right that has been infringed on. In this particular case, that would have been satisfied if the Claimant attached documents showing he is a member of the Respondent Sacco or that he has paid what is needed to allow him operate and his rights are being infringed on. In evidence before court, either are missing and as such we find no thread to hang on to grant him the orders of temporary injunction he is seeking.
Final Orders i.The Notice of Motion dated 14th March, 2024 fails.
ii.Costs of the Application is in the cause.
iii.Pre-trial directions on 7. 10. 2024.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF JULY, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 25. 7.2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 25. 7.2024HON. BEATRICE SAWE MEMBER SIGNED 25. 7.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 25. 7.2024HON. PHILIP GICHUKI MEMBER SIGNED 25. 7.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 25. 7.2024HON. PAUL AOL MEMBER SIGNED 25. 7.2024Tribunal Clerk JemimahKimani for RespondentRaphael Njoroge presentHON. B. KIMEMIA CHAIRPERSON SIGNED 25. 7.2024