Ndiba v New Milimani Sacco and Top Link Auctiooneers [2025] KECPT 231 (KLR)

Ndiba v New Milimani Sacco and Top Link Auctiooneers (Cause 704 of 2016) [2025] KECPT 231 (KLR) (27 March 2025) (Ruling)

Neutral citation: [2025] KECPT 231 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Cause 704 of 2016

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

March 27, 2025

IN THE COOPERATIVE TRIBUNAL CAUSE 704 OF 2016 BM KIMEMIA, CHAIR, JANET MWATSAMA, VICE CHAIR, B SAWE, F LOTUIYA, P. GICHUKI & M CHESIKAW, MEMBERS

Between

James Kirobi Ndiba

Claimant

and

New Milimani Sacco and Top Link Auctiooneers

Respondent

Ruling

1. We have perused this record of the Tribunal on this matter and find that there is no application pending for determination. What we found pending for on record however is a bill of cost said to be filed by the Claimant on 14th October 2024. We however wish to clarify that the Claimant’s representatives in this matter were duly appointed Attorney Mr. Wanyoike and also the Claimant’s brother.The person indicated on the documents filed by Muguku kimathi and company advocates was not a party to the suit at any given time.

2. Whereas the interlocutory judgment was entered against both Respondent on 19/04/2022, the matter was subsequently dispensed with before formal proof, when parties recorded consent on 5/08/2024, thereby retaining the Tribunal Ruling delivered on 30/11/2023, as the final orders of the Tribunal.

3. The Replying Affidavit sworn by one Julius Kiburi Wambugu was filed after the suit was determined on matter upon which the Tribunal had no jurisdiction as no application listed for determination after 8/08/2024. Further the said Julius Kiburi wambugu was not a party to the suit and was not properly empowered to the suit before its determination.

4. We find that there were no orders by the Tribunal awarding costs to a party purportedly represented by the firm of Muguku kimathi and company advocates, upon which the said advocates would have a basis for filing the Bill of Cost dated 14th October, 2024 hence the same is hereby struck off, the proceeding of the Tribunal taken on 14/09/2023 are hereby declared erroneously and hereby vacated.File is marked as closed with no orders as to costs.

JUDGMENT SIGNED, DATED AND DELIVEREDVIRTUALLY AT NAIROBI THIS 27TH DAY OF MARCH, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 3.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 3.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 3.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 3.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 3.2025Tribunal Clerk JonahMoguku advocate for 2nd RespondentKiara advocate for the 1st RespondentWayoki for ClaimantHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025