[2019] KECPT 68 (KLR)
The tribunal declined to issue a definitive ruling on the notice to show cause due to insufficient information regarding the amounts already recovered from the respondent and the actual balance outstanding. The tribunal found that, given the age of the matter and the dispute over the sum claimed, it was necessary...
Source-derived case information.
- Citation
- [2019] KECPT 68 (KLR)
- Parties
- Applicant: Rwama Farmers Co-op. Society Ltd; Respondent: David Munene
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Cause 115 of 2004
- Procedural Posture
- Notice to Show Cause / Ruling on Notice to Show Cause Regarding Satisfaction of Judgment Debt
- Outcome
- Further particulars required before ruling; claimant ordered to file accounts.
- Legal Topics
- Execution of Judgment, Accounting of Payments, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rwama Farmers Co-op. Society Ltd
Applicant
David Munene
Respondent
Procedural Posture
Notice to Show Cause / Ruling on Notice to Show Cause Regarding Satisfaction of Judgment Debt
Legal Issues
- 1 Whether the respondent has satisfied the judgment debt as per the notice to show cause.
- 2 Whether the claimant has properly accounted for amounts recovered from the respondent.
- 3 Whether further particulars are required before the tribunal can issue a ruling on the notice to show cause.
Ratio Decidendi
The tribunal declined to issue a definitive ruling on the notice to show cause due to insufficient information regarding the amounts already recovered from the respondent and the actual balance outstanding. The tribunal found that, given the age of the matter and the dispute over the sum claimed, it was necessary for the claimant to provide a full account of all deductions and payments made by the respondent. Only upon receipt and review of these accounts could the tribunal determine the correct amount due and whether further enforcement action was warranted. The tribunal therefore ordered the claimant to file and serve detailed accounts within 21 days, deferring any further orders until...
Court Disposition
Further particulars required before ruling; claimant ordered to file accounts.
Orders
- Claimant to file and serve accounts of amounts recovered and amount owing within 21 days.
- No ruling on the notice to show cause until accounts are filed and reviewed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL
AT NAIROBI
TRIBUNAL CASE NO. 115 OF 2004
RWAMA FARMERS CO-OP. SOCIETY LTD......................................................CLAIMANT
VERSUS
DAVID MUNENE.............................................................................................RESPONDENT
RULING
Matter for determination is a Notice to Show Cause dated 23/8/2019 for an amount of Kshs. 223,199/- . The same is opposed with a replying affidavit of the respondent dated 30/9/2019, which indicates that the Respondent had an agreement with the claimant for deduction from the delivering of cherries. We have carefully considered the Notice to Show Cause and the Replying Affidavit and note that it is not clear how much deductions were made from the coffee cherries and proceeds there from.
We, therefore order the claimant to give accounts of the amounts recovered so far and the amount owing, noting that this is a very old matter dating back to the 11/6/2004, when the matter was last in the tribunal.
We note that judgment as entered in 2004 but it is not clear what has been paid to date and the amount in the Notice to show cause has been disputed.
We, are therefore unable to issue a ruling based on the Notice to show cause and the replying affidavit without having further and better particulars,
Accounts to be filed and served within 21 days herein.
Orders to apply to 125 of 2004, 128 of 2004, 118/2004, 122/04, 115/04 and 124/04.
Read and delivered in open court, this 7thof November 2019
In the presence of:
Claimant:Miss Obwori holding brief for Gitonga Muriuki for the claimant.
Respondent:Non-appearance.
Court Assistant:Leweri and Buluma.
B.Kimemia - Chairman-signed
R.Mwambura – Member-signed
P.Swanya - Member-signed