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|Case Number:||Tribunal Case 61B of 2013|
|Parties:||Maurice Otieno Olunja v Kenpipe Cooperative Savings and Credit Society Limited|
|Date Delivered:||07 Nov 2019|
|Judge(s):||B. Kimemia - Chairman, R. Mwambura – Member & P. Swanya - Member|
|Citation:||Maurice Otieno Olunja v Kenpipe Cooperative Savings and Credit Society Limited  eKLR|
|Case Outcome:||Application dismissed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO.61B OF 2013
MAURICE OTIENO OLUNJA................................... CLAIMANT
KENPIPE COOPERATIVE SAVINGS AND CREDIT
The Matter for determination is a Notice of Motion application dated 4.3.2019 seeking the following orders:-
1. That the statement of claim dated 6.3.13 and filed by the respondent be struck out.
2. That the sum of Kenya shillings 5879.65/= charged as interest from 30.9.2010 to 7.8.2012 and paid to the respondent be refunded to the applicant forthwith.
3. That cost of the application and the claim be paid to the applicant.
Based on the grounds on the face of the application and supported by affidavit of the MORIS OTIENO 1st respondent herein. The same is opposed by the replying affidavit of KENNETH KINGETHE finance manager of the claimant filed on 2.7.19.
This application was canvassed by way of written submissions the applicant filed their written submission on 22.7.19 while claimant filed their written submission on 1.8.19.
We have read the pleadings and the proceedings on record and note the circumstances and the history of the file. We note that the suit was for Kshs.1088458.42/=vide the statement of claim dated 6.3.13 we have also noted the ruling dated 25.10.13 in which the application dated 3.7.13 was allowed thereby striking out the respondents’ defence.
That the respondent filed an appeal in the High Court against the said ruling which appeal entered judgment on admission for Kshs.498638/= plus interest at court rates. The Judge thereafter directed that the balance thereof to go for trial and the money deposited in the joint names of the counsel’s shall so remain deposited until the suit is finalized.
Looking at these orders of the High Court, we find that these orders are mandatory and legally binding upon this tribunal and the tribunal must accordingly execute the orders issued by the High Court. The parties having been ordered to canvass the remaining amount in trial we are lost and wonder why the applicant decided the file an application for the tribunal to decide on interest charged as per the statement of claim yet this contested amount were ordered to be determined by way of trial. In the circumstances, we find the Notice of motion dated 4.3.2019 is misplaced , lacks merit and purports to divert the binding orders issued by the High Court. We therefore dismiss this application in its entirely, with costs in the cause, and in compliance with the High Court order dated 29.11.18, accordingly order the parties to fix the matter for directions for hearing.
Read and delivered in open court, this 7th of November 2019
In the presence of:
Claimant: Wangui holding brief for Milimo
Respondent: Otieno advocate
Court Assistant: Leweri and Buluma
B. Kimemia - Chairman-signed
R. Mwambura – Member-signed
P. Swanya - Member-signed