Opanga v Chairman Eldo Duka Travellers Sacco & 2 others (Tribunal Case 393 of 2018) [2025] KECPT 340 (KLR) (26 June 2025) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 340
- Citation
- [2025] KECPT 340 (KLR)
- Decided
- 26 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's Notice of Motion Application dismissedCoramHON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. P. AOL
Holding
The application and supporting affidavit are struck out, and the notice of motion is dismissed
Facts
Not provided in the text
Issues
- Defects in the supporting affidavit
- Evidentiary value of the affidavit
Reasoning
The court found the affidavit to be defective and not aligned with the rules, thus rendering the application invalid without the affidavit.
Outcome
The application and notice of motion are dismissed
Orders
- The supporting affidavit is struck out
- The notice of motion application is dismissed
Remedies
- Costs to the respondent
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (4)
- Salama Beach Ltd V Mario Rossi
- Premchand Raichand & Another Ltd Vs Quarry Services & Others
- Mohammed Haji Hussein & 6 others v Mandera Water and Sewerage Company Ltd & 2 others
- Maureen Nyambura Ngigi Warui v Board of Directors, Kenya Power & Lighting Company Limited & 2 others
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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