Joseph v County Savings and Credit Society Limited & another [2024] KECPT 1371 (KLR)

Joseph v County Savings and Credit Society Limited & another (Tribunal Case 190/E001 of 2022) [2024] KECPT 1371 (KLR) (29 August 2024) (Ruling)

Neutral citation: [2024] KECPT 1371 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 190/E001 of 2022

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

August 29, 2024

Between

Bosco Ireri Joseph

Claimant

and

County Savings and Credit Society Limited

1st Respondent

Restorers Consult Auctioneers

2nd Respondent

Ruling

1. The matter for the Respondents Bill of Cost dated 20. 12. 2023.

2. We note that in this matter, parties negotiated and they settled the claim. The Claimant cleared the loan and the only issue that was pending was the issue of costs. We note that parties failed to agree on the issue of costs and the Claimant submitted that the parties were to each bear their own costs while the Respondent sought for costs. That the Claimant cleared the loan after filing the claim in the matter. The parties were ordered to file the Bill of Costs. We have looked at the same.

3. We have considered the matter as filed and note that the Claimant obtained a loan and also filed this claim. The Respondent filed the Response and a Counter- claim for the payment of the loan.

4. However, the Claimant settled the loan and the matter therefore was settled. I note that there was no decision in regard to the issue of costs. We have noted the Bill of Costs filed and note that there was no response to the same.

5. We have considered the Bill of Costs and note that the Respondent served the Claimant. There was no order issued on the issue of costs but the Respondent was ordered to file a Bill of Cost.

6. We note that the Bill of Costs is premature. This was an oversight on side of the Tribunal. We therefore order for the parties to file written submissions on the issue of costs. This decision is made in the interest of justice under Rule 3 and 4 Cooperative (Practice and Procedure) Rules. Order to apply to 199 of 2022.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF AUGUST, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 29. 8.2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 8.2024HON. BEATRICE SAWE MEMBER SIGNED 29. 8.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 29. 8.2024HON. PHILIP GICHUKI MEMBER SIGNED 29. 8.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 29. 8.2024HON. PAUL AOL MEMBER SIGNED 29. 8.2024TRIBUNAL CLERK JONAHMs. Njagi advocate holding brief for Gathongo advocate for the Respondent.Winnie Ngigi advocate for Claimant- No appearance.Tribunal Orders:1. Parties to file written submissions 21 days from today.2. Mention for further directions 4. 12. 2024. Notice to issue.3. Order to apply in CTC.No.199/2022. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 8.2024