Muli v Jamii Co-operative Savings & Credit Society Limited [2025] KECPT 188 (KLR)

Muli v Jamii Co-operative Savings & Credit Society Limited (Tribunal Case E001 of 2024) [2025] KECPT 188 (KLR) (27 February 2025) (Ruling)

Neutral citation: [2025] KECPT 188 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case E001 of 2024

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

February 27, 2025

Between

Loice Kavata Muli

Claimant

and

Jamii Co-operative Savings & Credit Society Limited

Respondent

Ruling

1. We have considered the Application dated 17/1/2024. We note that the Applicant has been served on numerous occasions and has filed no Grounds of Opposition nor Replying Affidavit in the matter despite having been duly served.

2. We therefore make the following orders: 1. Spent

2. That in the interim and pending hearing and determination of this application, the Honourable Tribunal is pleased to issue an order compelling the Respondent to provide a full disclosure of the statement of accounts relating to the Applicant.

3. That in the interim and pending hearing and determination of this Application, the Honourable Tribunal is pleased to issue an order compelling the Respondent to furnish the Applicant with original loan application forms, loan approvals and security documents relating to the Applicant’s account.

4. That an order against the Respondent indemnifying the applicant against any costs and/or losses incurred to them on account of illegal actions by the Respondent, their employees, agents and/or representatives to await the determination of the claim

5. Costs in the cause

6. The Misc. file to be closed and file to be allocated on CTC number Misc. App/E001/2024.

7. The parties to file all their pleadings, witness statement and documents within 21 days herein.

8. Mention for pretrial direction on 16/04/2025. Notice to issue

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF FEBRUARY, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 2.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 2.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 2.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 2.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 2.2025HON. PAUL AOL MEMBER SIGNED 27. 2.2025TRIBUNAL CLERK MUTAIDaniel Kabue holding for Shadrack Wambui for ClaimantNo appearance for RespondentHON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025