Kimani v Tai Savings and Credit Co-operative Society Limited & another (Tribunal Case 08 of 2021) [2021] KECPT 661 (KLR) (Civ) (18 November 2021) (Ruling)
Neutral citation:
[2021] KECPT 661 (KLR)
Republic of Kenya
Tribunal Case 08 of 2021
BM Kimemia, Chair, J. Mwatsama, Vice Chair, M. Mbeneka, Gitonga Kamiti, B. Akusala & P. Gichuki, Members
November 18, 2021
Between
Paul Njoroge Kimani
Claimant
and
Tai Savings and Credit Co-operative Society Limited
1st Respondent
Stephen Karanja t/a Dalari Traders Auctioneers
2nd Respondent
Ruling
1.The Application dated January 14, 2021 and January 18, 2021 are related and were both seeking an Interim Injunction restraining the Respondents whether by themselves, their agents, servants, employees or anybody acting on their behalf from advertising for sale, selling, leasing , taking possession or otherwise disposing title number NGENDA/MBARI YA MWIHIA/T70 situated in Kiambu County pending the hearing of the Application dated January 14, 2021.
2.The Interim Orders were granted on January 19, 2021 pending the hearing and determination of the matter.
3.We note that the prayers sought in the Application dated January 14, 2021 are similar prayers sought in the main claim and which prayers require evidence to be called for purposes of expeditious disposal of the matter in accordance to Rule 3 and 4 Co-operative Tribunal ( Practice and Procedure) Rules, we order as follows:1.The Applications dated January 14, 2021 and January 18, 2021 are hereby suspended pending the hearing and determination of the matter.2.Interim Orders granted on January 19, 2021 extended till the determination of the main claim. The matter to be heard on priority basis.3.The parties to file and serve all their witness statements and documents within 21 days herein.4.Mention for compliance on December 10, 2021. Hearing on January 20, 2021
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 18TH DAY OF NOVEMBER, 2021.HON. B. KIMEMIA CHAIRPERSON ………………….HON. J. MWATSAMA DEPUTY CHAIRPERSON …………………MS. M. MBENEKA MEMBER ………………….MR. GITONGA KAMITI MEMBER ………………….MR. B. AKUSALA MEMBER …………………..MR. P. GICHUKI MEMBER ………………….TRIBUNAL CLERK ………………………