Linus Labanson Murithi & another v Mwalimu National Sacco Society Ltd & another [2020] KECPT 73 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 73
- Citation
- [2020] KECPT 73 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReview of JudgmentPostureApplication for review of a judgment
Holding
The Tribunal dismissed the Application for review of the judgment.
Facts
The 1st Respondent (Mwalimu National Sacco Society Ltd) failed to file additional documents in defense of its case within the stipulated 45 days. The firm of Advocates on record for the 1st Respondent relocated offices, leading to the misplacement or erroneous marking of files, including the file for the instant case.
Issues
- Whether the claimant has laid a proper basis to warrant the review of the judgment delivered on 8.1.2019
- Who should bear the costs of the Application
Reasoning
The Tribunal found that the Application did not meet the condition precedent for review and was an afterthought, thus not warranting the review of the judgment.
Outcome
Application dismissed
Orders
- The Tribunal dismissed the Application for review of the judgment.
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 80) Laws of Kenya
- Order 45 of the Civil Procedure Rules
Cases cited (1)
- Evans Bwire Vs Andrew Aginda, Civil Appeal No. 147 of 2006
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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