Achin Sacco Limited v Mugo [2023] KECPT 430 (KLR)

Achin Sacco Limited v Mugo (Tribunal Case 488 of 2020) [2023] KECPT 430 (KLR) (Civ) (27 April 2023) (Ruling)

Neutral citation: [2023] KECPT 430 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 488 of 2020

BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

April 27, 2023

Between

Achin Sacco Limited

Claimant

and

Solomon Mwangi Mugo

Respondent

Ruling

1. This Ruling is for the Respondent’s Notice of Motion dated February 2, 2022 and filed on February 3, 2022.

2. By its Notice of Motion, the Respondent seeks the following orders:a.Spentb.That the ex parte judgment herein be stayed pending the hearing and disposal of this application.c.That the Respondent be allowed to liquidate the sum due in reasonable monthly installments to be approved by the Tribunal.d.That the costs of this application be in the cause.

3. The Motion is supported by an Affidavit sworn by the Respondent, Solomon Mwangi Mugo. In his affidavit, the Respondent depones that he was served with the summons to enter appearance on March 22, 2021 and filed a Memorandum of Appearance on the same day March 22, 2021. He further contends that he filed a statement of Defence on March 31, 2021.

4. In her Replying Affidavit dated February 22, 2022, the Claimant’s advocate does not dispute that the Respondent filed a Statement of Defence and indeed confirms that a Statement of Defence was filed.

5. The Tribunal confirms from its record as well that the Statement of Defence was indeed filed by the Respondents within time.

6. In the upshot, the judgment in default entered on 9th of July 2021 was erroneously sought by the Claimants and erroneously entered and is hereby set aside with the following orders:i.Application dated February 2, 2022 is granted, Judgment as entered on July 9, 2021 is accordingly set aside costs in the cause.ii.Parties to file Witness Statement and Documents within 21 days herein.iii.Mention for Pre-trial directions on July 10, 2023.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF APRIL, 2023. Hon. Beatrice Kimemia Chairperson Signed 27. 4.2023Hon. J. Mwatsama Deputy Chairperson Signed 27. 4.2023Hon. Beatrice Sawe Member Signed 27. 4.2023Hon. Fridah Lotuiya Member Signed 27. 4.2023Hon. Philip Gichuki Member Signed 27. 4.2023Hon. Michael Chesikaw Member Signed 27. 4.2023Hon. Paul Aoi Member Signed 27. 4.2023Tribunal Clerk Jemimah/JonahMulei advocate for the ClaimantMbago advocate for Respondent/ApplicantHon. J. Mwatsama Deputy Chairperson Signed 27. 4.2023