[2020] KECPT 95 (KLR)
The Tribunal found that the Notice of Motion applications dated 27.5.2019 and 3.7.2019 sought reliefs that were essentially the same as those in the main suit. In light of the covid-19 pandemic and the administrative directions issued by the Commissioner of Co-operative Development, the Tribunal determined that it...
Source-derived case information.
- Citation
- [2020] KECPT 95 (KLR)
- Parties
- Applicant: Rose Musyoka; Applicant: Frank Kioko; Respondent: Kenya USA Diaspora SACCO; Respondent: Simon Nyagah
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 284 of 2019
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Notice of Motion Applications
- Outcome
- Notice of Motion applications deemed spent; main suit to be fixed for hearing on priority basis.
- Legal Topics
- Interlocutory Applications, Covid19 Measures, Fixing Hearing Dates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Musyoka
Applicant
Frank Kioko
Applicant
Kenya USA Diaspora SACCO
Respondent
Simon Nyagah
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Notice of Motion Applications
Legal Issues
- 1 Whether the Notice of Motion applications dated 27.5.2019 and 3.7.2019 should be granted or are spent in light of the prevailing covid-19 measures.
- 2 Whether the main suit should be fixed for hearing and determination on a priority basis upon resumption of normalcy.
Ratio Decidendi
The Tribunal found that the Notice of Motion applications dated 27.5.2019 and 3.7.2019 sought reliefs that were essentially the same as those in the main suit. In light of the covid-19 pandemic and the administrative directions issued by the Commissioner of Co-operative Development, the Tribunal determined that it was not practical to proceed with the applications separately. Accordingly, the applications were deemed spent, and the parties were directed to fix the main suit for hearing and determination on a priority basis once normalcy resumes. Costs were ordered to be in the cause.
Court Disposition
Notice of Motion applications deemed spent; main suit to be fixed for hearing on priority basis.
Orders
- The Notice of Motion applications dated 27.5.2019 and 3.7.2019 are considered spent.
- Parties to fix the main suit for hearing and determination on a priority basis upon resumption of normalcy.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO. 284 OF 2019
ROSE MUSYOKA...................................................................1ST CLAIMANT
FRANK KIOKO......................................................................2ND CLAIMANT
VERSUS
KENYA USA DIASPORA SACCO.................................1ST RESPONDENT
SIMON NYAGAH.............................................................2ND RESPONDENT
RULING
We have noted both the Notice of Motion applications dated 27. 5.2019 and 3. 7.2019. We have also considered the prayers in the statement of claim dated 27. 5.2019 amended on 2. 7.2019. We note that the prayers in both Notice of Motion applications, are essentially the same prayers in the suit.
Owing to the current covid-19 measures and in reference to the circular by the Commissioner of Co-operative Development dated 16. 3.2020 and his further directions issued on 26. 3.2020, we note that the two applications are considered as spent and order for the parties to fix the main suit for hearing and determination on priority basis on resumption of normalcy.
Costs in the cause.
Ruling read, dated and delivered this 9th day of April 2020, pursuant to the directions given by the Hon. The Chief Justice on 15. 3.2020.
Prepared by Hon. B.Kimemia Chairman, Hon. F. Terer Deputy Chairman, P. Gichuki Member.
With consent of the parties, the final orders to be delivered by email, as accordance to the prevailing measures during the covid-19.
Hon. B. Kimemia Chairman Signed 9. 4.2020
Hon. F. Terer Deputy Chairman Signed 9. 4.2020
P. Gichuki Member Signed 9. 4.2020