Sokoro Savings & Credit Co-operative Society Limited v Mwamburi (Tribunal Case 53 of 2022) [2023] KECPT 808 (KLR) (31 August 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 808
- Citation
- [2023] KECPT 808 (KLR)
- Decided
- 31 August 2023
The Tribunal finds the Notice of Motion Application meritorious and orders that the Statement of Claim be deemed as duly filed, served upon Respondent, and parties to file their pleadings and documents within 30 days.
Facts
Claimant filed a suit in Chief Magistrates Court at Molo, Case Number 319 of 2017 against Respondent. Respondent appealed the case to High Court, which was upheld and directed to be filed before Cooperative Tribunal.
Issues
- Whether the delay in filing suit was reasonable
- Whether there was prejudice to Respondent if the application is granted
- Whether the matter raises issues of public importance
Reasoning
The Tribunal considers the case of Edith Gichungu Koine and Kamlesh Mansukhalal Damki Patni, noting that courts exist to dispense justice and that judicial officers must uphold the rule of law, human dignity, and human rights. The delay was caused by the Claimant's advocate filing the matter in the wrong forum.
Outcome
The application is granted.
Orders
- Statement of Claim and annexed documents deemed as duly filed on payment of fees
- Statement of Claim served upon Respondent within 14 days
- Parties to file pleadings and documents within 30 days
- Each party to bear its own costs
- Mention for pre-trial directions on 18.10.2023
Authorities cited
Legislation (2)
- Cooperative Societies Act
- Limitation of Actions Act
Cases cited (2)
- Edith Gichungu Koine vs Stephen Njagi Thoithi
- Kamlesh Mansukhalal Damki Patni vs Director of Public Prosecution & 3 Others
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