[2021] KECPT 534 (KLR)
The Tribunal found that the prayer for a temporary injunction was already spent, as interim orders had previously been granted. Regarding the request for account statements, the Tribunal noted that the 1st Respondent had already provided the relevant statements as annexed to the Replying Affidavit. The Tribunal held...
Source-derived case information.
- Citation
- [2021] KECPT 534 (KLR)
- Parties
- Applicant: Robert Njagi Kimotho; Applicant: Lorna Margeret Kariuki; Respondent: Nawiri Sacco Society Ltd; Respondent: Giant Auctioneers
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 467 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- Application dismissed as spent; costs in the cause; directions for further conduct of the suit issued.
- Legal Topics
- Account Statement Disclosure, Interlocutory Injunctions, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Njagi Kimotho
Applicant
Lorna Margeret Kariuki
Applicant
Nawiri Sacco Society Ltd
Respondent
Giant Auctioneers
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the 1st Respondent should be compelled to render and deliver true, accurate and correct accounts and statements for the 1st Applicant's current and loan accounts.
- 2 Whether the application for temporary injunction is spent.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The Tribunal found that the prayer for a temporary injunction was already spent, as interim orders had previously been granted. Regarding the request for account statements, the Tribunal noted that the 1st Respondent had already provided the relevant statements as annexed to the Replying Affidavit. The Tribunal held that the applicants could have pursued any further disclosure through a notice to produce under Order 11 Rule 3 of the Civil Procedure Rules. As such, the substantive prayers in the application were spent. The only remaining issue was costs, which the Tribunal ordered to be in the cause. Directions were given for the parties to file and serve witness statements and documents...
Court Disposition
Application dismissed as spent; costs in the cause; directions for further conduct of the suit issued.
Orders
- Parties to file and serve witness statements and documents within 30 days.
- Matter to be mentioned for pre-trial directions on 28/7/21.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL
AT NAIROBI
TRIBUNAL CASE NO.467 OF 2020
ROBERT NJAGI KIMOTHO......................................................1ST CLAIMANT
LORNA MARGERET KARIUKI...............................................2ND CLAIMANT
VERSES
NAWIRI SACCO SOCIETY LTD……………………….......1ST RESPONDENT
GIANT AUCTIONEERS……………………….……….......2ND RESPONDENT
RULING
1. The matter for determination is Notice of Motion Application dated 24/11/20 seeking the following orders:
i. That this Application be certified urgent and the same be heard ex parte in the first instance.
ii. Spent
iii. This Honourable Court do issue an order directing the 1st Respondent to render and deliver to the Applicants true, accurate and correct accounts and the entire statement of account for the 1st Applicant’s current and loan accounts that were opened at the 1st Respondent.
iv. The costs of this Application be borne by the Respondents.
Based on the grounds on the face of the Application and Supporting Affidavit of Robert Njagi Kimotho, the 1ST Applicant.
2. The Applicant is opposed vide Replying Affidavit of Joseph Mwaniki Kithinji, Credit Manager of 1st Respondent deponed on 16/12/20 filed on 30/4/21.
The Application was ordered to be disposed with by way of Written Submissions.
Applicant filed Written Submissions on 14/4/21. Respondent filed on 18/5/21.
3. The gist of the Application is that the Applicant seeking temporary injunction pending the hearing and determination of the:
i. Instant application and we note that this prayer was spent when interim orders were granted on 26/11/20.
ii. The other prayer is for the 1st Respondent to render and deliver the true accounts and entire statement of 1st Applicant current and loan accounts.
4. We note that in the Replying Affidavit of the Respondent filed on 30/4/21 paragraph 6 provides for the Claimant’s account statement
“….deposit accounts-Customer Statement” marked as annexture JMK3
We therefore find that the prayer could have been dealt with by filing a notice to produce under Order 11 Rule 3 and therefore this prayer is also spent.
5. The only other issue pending is one of costs which we order to be in the cause.
In the circumstance thereof we give the following directions;
i. Parties to file and serve Witness Statements and documents within 30 days herein;
ii. Mention for Pre- trial directions on 28/7/21.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 27TH DAY OF MAY, 2021
Hon. B. Kimemia Chairperson Signed 27. 5.2021
Hon. J. Mwatsama Deputy Chairperson Signed 27. 5.2021
Mr. P. Gichuki Member Signed 27. 5.2021
Tribunal Clerk Leweri
Miss Wachira for Claimant/Applicant: Present
Hon. B. Kimemia Chairperson Signed 27. 5.2021