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Mugambi v H & M Cooperative Savings & Credit Society Limited & 4 others (Tribunal Case 287 of 2021) [2022] KECPT 166 (KLR) (Civ) (10 May 2022) (Ruling)

[2022] KECPT 166 (KLR) Co-operative Tribunal
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Court
Co-operative Tribunal
Case number
166
Citation
[2022] KECPT 166 (KLR)
Decided
10 May 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from original trialCoramHON. J. MWATSAMA, MR. P. GICHUKI, MR. B. AKUSALA
Holding

The tribunal finds that the court orders and directions issued by the tribunal on April 5, 2022, were binding and should be adhered to. The respondents' application for adjournment is denied.

Facts

The claimant, James Gichuki Mugambi, filed a claim against H & M Cooperative Savings & Credit Society Limited and four other respondents (Gray Mwamunye, Nancy Mwamkuu, Mary Thuku, and Lucy Muchiri) under a Certificate of Urgency. The matter was directed to proceed at the earliest and in Kakamega.

Issues

  1. Whether the respondents' application for adjournment should be granted due to the unavailability of witnesses and emergency leave.
  2. Whether the court orders and directions issued by the tribunal on April 5, 2022, were binding and should be adhered to.

Reasoning

The tribunal considered the court orders and directions issued by the tribunal on April 5, 2022, as compulsory and not to be disobeyed. The respondents' actions were found to be contemptuous of the tribunal, and no compelling grounds were given for the unavailability of witnesses.

Outcome

The matter proceeds as directed by the tribunal on April 5, 2022.

Orders

  • The matter proceeds as directed by the tribunal on April 5, 2022.
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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