Wanjawa & 7 others v Taraji Sacco Society Limited & 3 others [2023] KECPT 455 (KLR)

Wanjawa & 7 others v Taraji Sacco Society Limited & 3 others (Tribunal Case 675 of 2018) [2023] KECPT 455 (KLR) (27 April 2023) (Ruling)

Neutral citation: [2023] KECPT 455 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 675 of 2018

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

April 27, 2023

Between

Pamela Aduol Wanjawa & 7 others

Claimant

and

Taraji Sacco Society Limited & 3 others

Respondent

Ruling

1. The Application dated March 22, 2022 filed on the same date was brought by Respondent’s/Judgment Debtors under Certificate of Urgency seeking the following orders:a.Spentb.That there be a stay of execution of the judgment dated February 17, 2022 and decree dated March 15, 2022 pending the hearing and determination of the application.c.That the Judgment Debtors be allowed to liquidate the decretal amount of Kshs 2,932,371/= by way of reasonable monthly installments.d.Any further order as the interest of justice may demand.

2. Prayers number 1 and 2 having been dealt with, we are required to render our decision in regards to prayers 3 and 4 of the application.

3. Having perused and considered the Respondent’s/Judgment Debtor’s Application, the Affidavit in support thereof and the Supplementary Affidavit the Judgment Debtor are requesting for payment of the decretal sum via installment which amounts seems reasonable and for purposes of equity we allow the same and having also perused the Claimants’/Decree Holders’ Replying Affidavit together with the submissions filed by the Claimants and the Respondents. Application dated March 22, 2022 is allowed in the following termsi.That the Respondent is allowed to liquidate the decretal sum in installments as follows:a.The sum of Kshs 500,000/= to be paid within sixty days from the date hereof.b.The sum of Kshs 160,000/= to be paid monthly commencing on the 5th day of the 3rd month from the date hereof and on every 5th of each succeeding month until payment in full.c.In default of any one installment, execution to issue.ii.Costs to the Decree-holder.

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 Aol Member Signed 27. 4.2023Tribunal Clerk Jemimah/Jonah