Freshpro Dairy Limited v GDC Savings and Credit Cooperative Society [2023] KECPT 791 (KLR)

Freshpro Dairy Limited v GDC Savings and Credit Cooperative Society (Cause 225 (E287) of 2022) [2023] KECPT 791 (KLR) (31 August 2023) (Ruling)

Neutral citation: [2023] KECPT 791 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Cause 225 (E287) of 2022

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

August 31, 2023

Between

Freshpro dairy Limited

Claimant

and

GDC Savings and Credit Cooperative Society

Respondent

Ruling

1. The Claimant’s Notice of Motion Application dated 19th April, 2022, filed on 21st April, 2022.

2. In the application, the claimant seeks for orders: 1. Spent

2. Spent

3. That an order be and is hereby issued restraining the Respondent from charging interest on Claimant’s loan account from 23rd June, 2021 pending the hearing and determination of the claim.

4. That costs of their Application be provided.

3. The Application is based on the grounds on the face thereof and on the Supporting Affidavit of Mkamba Musa Hamisi, a Director of the Claimant, sworn on 20th April, 2022 and the further Affidavit in opposition the Application, the Respondent on 5. 9.2022 filed a Replying Affidavit sworn by James Mbugua Njau on 2nd September, 2022.

4. The Respondent further on 31st March 2022, filed written submissions dated the same date.

5. We note that the Respondent submitted on the Application herein and also on the Notice of Preliminary Objection dated 26th April, 2022.

6. From the proceedings of the Tribunal recorded on 12. 7.2022 and 1. 11. 2022, we find it is clear that the Notice of Preliminary Objection shall be canvassed with the hearing of the main case and thus the only matter presently before us for determination is the Application dated 19. 4.2022.

Determination 7. We have considered the Claimant’s Application herein, and the supporting and further Affidavits in support thereto.

8. We have also considered the Respondent’s Replying Affidavit and the written submissions, and find that in asking us to determine the issue of interest in respect to a loan account at this stage of the suit, the Applicant is urging us to isolate and delve into a matter of evidence which is a matter for the main hearing of the case wherein it shall be canvassed together with other issues on merit.

9. We therefore find that the Claimant’s Notice of Motion Application dated 19th April, 2022 lacks merit and is hereby dismissed with costs in the cause.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 31ST DAY OF AUGUST, 2023. HON. BEATRICE KIMEMIACHAIRPERSONHON. J. MWATSAMADEPUTY CHAIRPERSONHON. BEATRICE SAWEMEMBERHON. FRIDAH LOTUIYAMEMBERHON. PHILIP GICHUKIMEMBERHON. MICHAEL CHESIKAWMEMBERHON. PAUL AOLMEMBER