Co-operative Soc. Limited v Gakahu (Tribunal Case 65 of 2021) [2022] KECPT 181 (KLR) (Civ) (17 February 2022) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 181
- Citation
- [2022] KECPT 181 (KLR)
- Decided
- 17 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous interlocutory judgmentCoramM MWATSAMA, P. GICHUKI, B. AKUSALA
Holding
The court should set aside the interlocutory judgment as the Respondent was not duly served with the Statement of Claim and Summons to Enter Appearance.
Facts
The Respondent claims not to have been served with the Statement of Claim and Summons to Enter Appearance, while the Claimant/Respondent states the Respondent only became aware of the judgment after being served with a decree.
Issues
- Whether the court should set aside the interlocutory judgment
- Whether the Respondent has a good defense which ought to be considered
Reasoning
The Tribunal is guided by Article 159(2)(d) of the Constitution and Sec 1A and 1B of the Civil Procedure Act, focusing on substantive justice and the just, efficient, and expeditious disposal of cases. The Adavit of Service was considered, but the Respondent now claims they were never served.
Outcome
The interlocutory judgment is set aside.
Orders
- An order of stay of execution of the Judgment and decree of this Honourable Tribunal dated 13th April, 2021 is issued pending the hearing and determination of this Application.
- Summons are issued to the process server to personally appear before this Honourable Tribunal for cross-examination on the date(s) of inter-parties hearing of this Application.
- The Respondent is allowed to file a Statement of Defence to the Statement of Claim dated 28th January, 2021 within 14 days of this order.
- Costs of this application are borne by the Claimant.
Authorities cited
Legislation (4)
- Co-operative Tribunal (Practice & Procedure) Rules 2009
- Civil Procedure Act
- Order 10 Rule 4 Civil Procedure Rule 2010
- Order 10 Rule 10 Civil Procedure Rule 2010
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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