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Owiti v Commissioner for Co-operative Development & Marketing; Comply Staff Society Sacco Ltd (Interested Party) (Tribunal Case 3 of 2017) [2023] KECPT 53 (KLR) (Civ) (23 February 2023) (Judgment)
Neutral citation:
[2023] KECPT 53 (KLR)
Republic of Kenya
Tribunal Case 3 of 2017
M Mwatsama, Vice Chair, Gitonga Kamiti & M. Mbeneka, Members
February 23, 2023
Between
Lawrence Owiti
Appellant
and
The Commissioner for Co-operative Development & Marketing
Respondent
and
Comply Staff Society Sacco Ltd
Interested Party
Judgment
1.The Request for Judgment dated February 23, 2021 filed on May 21, 2021 and Affidavit of Service of James M Mbuvi sworn on April 11, 2018, April 13, 2022, September 23, 2022 is considered.We note the Respondent and Interested party have been served severally with pleadings and Notices but have failed to enter appearance.The matter was coming up for determination that is judgment of Memorandum of Appeal dated June 15, 2017 filed by the Appellants.We have carefully considered the Appeal and its various grounds. The same raises issues which the Respondent and Interested Party ought to have responded to but chose not to do so despite the various opportunities granted to them.
2.In absence of response or Defence by Interested Party and Respondent the Appeal as per the Memo of Appeal dated June 15, 2017 filed on even date is allowed as prayed in terms of Prayer C- Decision by the Commissioner to surcharge the Appellant is hereby quashed and set aside because of irregularities in the report.Orders to apply in Appeal No CTC 4/17, Appeal 2/17.
JUDGMENT, READ AND DELIVERED VIRTUALLY ON 23RD FEBRUARY, 2023Hon. Mjeni Mwatsama D/Chairperson Signed 23.2.2023Gitonga Kamiti Member Signed 23.2.2023Maria Mbeneka Member Signed 23.2.2023In the presenceMbuthia Advocate for the AppellantNo Appearance for Respondent and Interested PartySignedHon. Mjeni MwatsamaDeputy Chairperson23/2/2023
