Mary Nginya Kivuti v Urithi Housing Co-operative Society Limited [2021] KECPT 28 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 28
- Citation
- [2021] KECPT 28 (KLR)
- Decided
- 25 November 2021
AI Summary
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TypeCo-operative DisputePostureNotice of Motion ApplicationCoramHon. B. Kimemia, Hon. J. Mwatsama, Mr. Gitonga Kamiti, Mr. B. Akusala, Mr. P. Gichuki
Holding
The Application is suspended pending the hearing and determination of the claim.
Facts
Claimant filed a Notice of Motion Application seeking a temporary injunction against the Respondent to prevent advertising the Claimant's name as a defaulter on the Respondent's list of defaulter at the Nyumba Mia Housing scheme.
Issues
- Temporary injunction to prevent advertising of Claimant's name as a defaulter
- Service of the Application
- Priority hearing of the Application
Reasoning
The court considered the Application, the written submissions of the parties, and the Co-operative Tribunal (Practice and Procedure) Rules, deciding to suspend the Application and instructing the parties to file and serve all their documents and witness statements within 21 days.
Outcome
The matter is suspended pending the hearing and determination of the claim.
Orders
- The Application is suspended pending the hearing and determination of the claim.
- The parties to file and serve all their documents and witness statements within 21 days herein.
- The matter to be heard and determined expeditiously.
- Mention for compliance and fixing a hearing date on 25.1.2022.
Remedies
- Temporary injunction to prevent advertising of Claimant's name as a defaulter
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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