[2021] KECPT 538 (KLR)
The Tribunal determined that the mathematical aspects of the claimants' application for extraction and settlement of a decree based on the award could not be resolved solely on the basis of written submissions. Given the complexity and volume of the tabulated figures, and the respondents' objection that new material...
Source-derived case information.
- Citation
- [2021] KECPT 538 (KLR)
- Parties
- Applicant: Peter Kariuki Mugo & 10 Others; Respondent: D.L.K Waroe & 9 Others
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 157 of 2006
- Procedural Posture
- Miscellaneous Application / Interlocutory Directions
- Outcome
- no final determination; directions issued for oral highlighting of submissions
- Legal Topics
- Decree Extraction, Award Enforcement, Tabulation of Allowances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Kariuki Mugo & 10 Others
Applicant
D.L.K Waroe & 9 Others
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Directions
Legal Issues
- 1 Whether the Tribunal should extract and settle a decree arising from the award issued on 6.11.2009 as per the claimants' tabulation.
- 2 Whether the tabulated allowances presented by the claimants are accurate and justified.
- 3 Whether the respondents' objection to the tabulation as introducing new material is valid.
Ratio Decidendi
The Tribunal determined that the mathematical aspects of the claimants' application for extraction and settlement of a decree based on the award could not be resolved solely on the basis of written submissions. Given the complexity and volume of the tabulated figures, and the respondents' objection that new material may have been introduced, the Tribunal found it necessary for parties to orally highlight and justify their respective submissions. The Tribunal therefore declined to issue a final ruling on the application at this stage and directed the parties to fix a date for highlighting their submissions, ensuring that the process is transparent and that both parties have an opportunity...
Court Disposition
no final determination; directions issued for oral highlighting of submissions
Orders
- Parties to fix a date for highlighting their respective written submissions before the Tribunal.
- Notice to issue for the highlighting of submissions on 3.5.2021.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL
AT NAIROBI
TRIBUNAL CASE NO.157 OF 2006
PETER KARIUKI MUGO & 10 OTHERS.....CLAIMANTS
VERSUS
D.L.K WAROE & 9 OTHERS....................RESPONDENTS
RULING
What is before us for consideration and determination is the Claimant’s Application dated 5. 4.2019. They seek for an Order that the Tribunal be pleased to extract and settle a decree arising out of the award issued on 6. 11. 2009 computing the total allowances payable to the Claimants as per the tabulation and thus give effect to order No. 4 of the said award. The Claimants annexed a copy of the award as annexture PK-1 of the annextures contained in the Supporting Affidavit sworn by Peter Kariuki Mugo on 5. 4.2019. A copy of the decree is enclosed as annexture PK-2. Annexture PK-6 is a copy of the draft tabulations.
We have perused the said tabulations. They run from pages 40-106 of the said Affidavit. They contain detailed and voluminous presentation of figures which cumulatively return a global figure of Kshs.16,203,413. 40/=.
The Respondents have dismissed the said tabulations vide the Replying Affidavit sworn by F.M. Ndoi. They aver that the same is a ploy to introduce new material/evidence that was not in their knowledge and that of the Tribunal when it delivered its award. That they are entitled to a sum of Kshs.1,296,000/=.
Upon appreciation of the material for against the Application, we are of the view that this is a matter which cannot be exhaustively canvassed by the written submissions filed by the parties. The mathematical aspects of the Application need to be explained and/or justified in a manner that can be understood well by the Tribunal.
In light of the foregoing, we find that we are unable to write and or complete a Ruling and therefore direct parties to fix a date when they can highlight their respective written submissions.
DIRECTIONS GIVEN TO THE PARTIES VIRTUALLY THIS 25TH DAY OF MARCH, 2021
Hon. B. Kimemia Chairperson Signed 25. 3.2021
Hon. Jane Mwatsama Deputy Chairperson Signed 25. 3.2021
Mr. P. Gichuki Member Signed 25. 3.2021
Highlighting of submissions on 3. 5.2021. Notice to issue.
Hon. B. Kimemia Chairperson Signed 25. 3.2021