Olwal v Baya Savings & Credit Cooperative Society (Tribunal Case 660/E748 of 2022) [2023] KECPT 820 (KLR) (Civ) (17 August 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 820
- Citation
- [2023] KECPT 820 (KLR)
- Decided
- 17 August 2023
AI Summary
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TypeCivilPostureRespondent's Application for determination of claims and motionsCoramHON. BEATRICE KIMEMIA, HON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. PAUL AOL
Holding
Respondent is granted 21 days to file and serve Statement of Defence, and Claimant is granted leave to file Supplementary documents. Summary Judgment rendered on October 25, 2022, will stand if Respondent fails to comply.
Facts
The Claimant filed a Statement of Claim on August 3, 2022, and served it to the Respondent. The Respondent filed an Application for determination on December 19, 2022, alleging delay in filing the Memorandum of Appearance and Defence.
Issues
- Respondent's delay in filing the Memorandum of Appearance and Defence
- Claimant's claim that the Application has no merit and is frivolous
Reasoning
The delay was due to inadvertent misplacement of suit papers by the Respondent's staff, and the delay was not intentional or contumelious.
Outcome
Application granted with conditions
Orders
- Respondent to file and serve Statement of Defence within 21 days
- Claimant to file Supplementary documents if necessary
- Mention for Pre-Trial Directions on November 20, 2023
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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